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.

Foreclosures are at an all-time high in America. Experts predict nearly 1.4 million homeowners will face foreclosure in 2008 and residents of Florida, California and Texas will take the hardest hit.

In 2007, Arizona foreclosures rose nearly 40-percent and Colorado reported one of every 345 households either filed foreclosure or were on the brink of filing. Currently, the only states immune from escalating foreclosure rates are Vermont, Maine and the District of Columbia. However, experts predict these states will experience an explosion of filings when adjustable-rate mortgages begin escalating later this year.

How did the housing crisis in America occur and why was it allowed to happen? Americans have always strived to reach the American Dream of homeownership. When zero-down, interest-optional balloon payment loans were offered, people were attracted to them like flies to honey. Millions of unsuspecting people were suckered into sub-prime loans and invested in houses way beyond their means.

As adjustable rates increased, mortgage payments doubled or even tripled. Individuals struggling to make their ,000 note payment were now looking at ,000 to ,000 monthly payments. The sad reality is they simply did not possess the financial means to pay their note. When the bubble burst, their dream quickly became a nightmare.

Foreclosures not only have a devastating effect on the homeowner, but the lending institutions and local community as well. Individuals who reside in communities with high foreclosure rates are forced to pay higher property taxes, local taxes and increased fees for utilities.

Additionally, the potential for crime increases. Vacant homes are a magnet for unscrupulous characters. Vandals destroy property, oftentimes breaking windows and doors or leaving graffiti on both interior and exterior walls. Criminals engage in illegal activities including the sale of illegal drugs or weapons.

Real estate experts claim each individual foreclosure costs lending institutions approximately ,000, while preventing foreclosure costs less than 00. If this is true, why are foreclosures skyrocketing?

The primary factor stems from the fact that many people facing foreclosure become paralyzed with fear. They avoid contacting their lender and instead wait for the sheriff to arrive with their eviction notice.

There are steps homeowners can take to stop the foreclosure process. First and foremost, individuals in financial distress should contact their lender. Foreclosures are usually handled by the lender’s Loss Mitigation Department. Additionally, the U.S. Department of Housing and Urban Development (HUD) offers free credit counseling through approved agencies and can assist homeowners negotiate with their lender.

Analysts claim America’s housing crisis will eventually make a turn for the better. However, they predict it will take three to five years to recover from the onslaught of foreclosures.

On the bright side, there has never been a better time for real estate investors. With an abundance of distressed properties being offered for pennies on the dollar, now is the time to buy. However, not every foreclosure property is a great deal and due diligence must be conducted before riding the foreclosure wave.

One of the best ways to invest in foreclosures is to seek out private real estate investors who purchase bank portfolios of real estate owned property. Investors are able to purchase properties in bulk and pass their savings along to interested parties. It’s not uncommon to purchase bank foreclosures from private investors with instant equity of 20-percent or more.

Although the real estate market currently looks bleak, there is hope on the horizon. If you are currently facing foreclosure take the first step and contact your lender immediately. If they are unable or unwilling to work with you, contact HUD. While the foreclosure process can be overwhelming, it can be overcome with persistence and patience.

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