When doing a short sale the debtor may receive a form 1099-C for the amount of the lender's losses. This is considered loan forgiveness in the eyes of the IRS and the lender may issue a form 1099-C.

If the debtor has other assets such as savings and is not insolvent, the debtor may end up being responsible to pay ordinary taxes on the amount of the 1099-C.

If the debtor settles a debt with a creditor for less than the full amount owed, the debtor may be required to report the forgiven debt as regular income, with certain exceptions. The forgiven debts include money owed after foreclosure or property repossession or credit accounts are not paid. Exceptions noted below.

If a lender forgives or writes off $600 or more of a debt's principal (the amount not including interest or fees) the lender must send the debtor and IRS a Form 1099-C at the end of the year. When the debtor files tax returns for the tax year in which the debt was written off, the IRS requires that the amount is reported as income.

Warning: The debtor may not receive this form from the creditor even though the creditor submitted the form to the IRS. If the creditor does list the income on their tax return and the IRS has the information of the transaction on file, the debtor could get a tax bill or, worse, an audit notice.

There are several exceptions stated in the Internal Revenue Code. For example, you do not have to report the income on your tax return if the write off of the debt is intended as a gift, you discharge the debt in bankruptcy, or you were insolvent before the creditor agreed to settle or write off the debt. Always encourage the debtor to consult qualified tax and legal counsel to see if these circumstances apply.

It is important to realize the tax implication is only on the amount of the forgiven debt.

Example: The lender is owed $150,000 and agrees to accept a $100,000 short sale. The amount of forgiven debt is $50,000 and the most the lender could report on a 1099. Assuming the debtor was in a 15% tax bracket the tax consequences would be $7,500.

By comparison if the property was sold at public auction and brings $100,000 the lender could seek a deficiency judgment against the mortgagor to recover the $50,000 shortage, plus foreclosure expenses. The short sale is the much better alternative.

If you have been paying attention to the nightly news recently you are aware that there are many foreclosures available in every state and every price level. The current economy has produced a scourge of empty and foreclosed homes.  Foreclosures occur when the current homeowner is unable to make their monthly mortgage payment and the bank is forced to take the property back.  This can be a great opportunity for investing in foreclosures.

The reason why is because while the real estate market may currently be in a downward spiral, people will always need a place to live and the market will not stay down forever.  Think about this.  The investor’s maxim is that you buy while the prices are low and sell when the prices are higher.  The fact of the matter is that right now real estate is “on sale”.  Now is the time to buy.

There are various ways to purchase a foreclosed property, which we will go over here.  First off is a pre-foreclosure sale.  This is a sale that occurs when a lender allows the homeowner who is delinquent in their payments to sell the home and pay back the lender from the proceeds of the sale.  Oftentimes the house will sell for less than the homeowner owes on the note and in that case it is referred to as a “short sale”.  There are many “short-sale” opportunities available right now in every city.  Your local realtors with the MLS can help you search them out or you can get a bank foreclosure list.

A second way to purchase a foreclosure property is through a foreclosure auction. The auction is usually held at the local courthouse of the county where the property is located.  The property is sold to the highest bidder and often the price is very reasonable.  Investors can often see a good profit margin when they purchase from this type of sale.  One thing to be aware of though is that these properties are generally sold “as is” and the buyer is not able to make inspections.  Any and all repairs will be the responsibility of the buyer.

After the bank forecloses they will try to sell the property themselves.  Usually they just want the get the property off from their books and they will drop the price until the property sells.  This is often a way to get a really good price on a property.  Also, many times the bank has made some of the necessary repairs to sell the property.  Even so these homes are still sold “as is” but in this case the buyer will be able to make the necessary inspections.
 

Whenever you purchase real estate you should do your own due diligence and independent research to make sure that the property is appropriate to meet your needs.  You also need to make sure that you have the funds available through your own cash fund or from financing.  This will make sure that your purchase goes as planned.

But as a savvy investor buying real estate right now makes sense because right now in this current economic climate, real estate is “on sale”!
William Henderson 786-346-5611 a Florida Licensed Real Estate Agent