Short Sale Now or Pay Tax Consequences

A seller recently called me in a panic, "I received a 1099C from the bank and I owe the IRS almost $18,000." She had done a Short Sale last year and was preparing her taxes. She received the Bank's 1099 Form showing the forgiven debt, the difference between what the house sold for and what she owed.

However, the good news for this seller is the Mortgage Forgiveness Debt Relief Act of 2007. The law saved her from having to pay this huge tax. Once the seller filed the IRS Form 982, the problem was corrected on her taxes.

According to the IRS, "The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief."

Prior to 2007,the difference between what the house sold for and was owed, was considered forgiven debt, and may have been taxable.

Since the law only protects those that qualify until of the end of 2012, if you have been considering a short sale now is the time to do it. Since short sale bank approvals can take anywhere from 3-6 months, you need to start making plans .

While I always advise sellers considering a short sale to consult with their attorneys and/or an accountant, you will also want to consult with a Realtor who has the Short Sale Foreclosure Resource designation from the National Association of Realtors. Agents with this designation have gone through special training to specialize in short sales.

For more information, you will want to visit the IRS website on Mortgage Debt Relief Act of 2007 .


Virginia Hall
ABR, CRS, e-Pro, GRI, SFR
Coldwell Banker Residential Brokerage
VirginiaHall.com
Direct (619)258-8585

Uncle Sam's Christmas Gift

While everyone is bustling around buying gifts and attending parties, there are still serious buyers out there making multiple offers on well maintained homes.

If you atticipate the need to sell your home, now is a great time to market it. The number of homes for sale are typically lower at this time of year due the holidays. With fewer serious buyers trampling through your home and the Christmas decorations adding a romantic ambience, make it the perfect time to sell.

If you need to sell, it definitely won't get sold unless you have it on the market. Worried about theft? Hiring a Realtor who uses computerized Sentri lockboxes, provides the ability to track agents and their clients entering the home.

Many sellers think waiting until spring is the best time to sell. However this year, with the Tax credit extension, buyers must have an accepted offer by April 30, 2010 and close by June 30,2010 leaving only a few more months. So if you are facing a possible foreclosure and want to sell your home before that, you need to consider that banks typically take several months to approve short pay sales.

If you are moving up, you may qualify for the $6500 tax credit. The tax credit does have income limits and the home-price cannot be above $800,000. Read more about it in Homebuyer Tax Credit Extension & Expansion . However, if you can afford to move up, this is the perfect time to sell and buy a bigger or better home.

Many move-up home buyers say they are waiting for home prices to go back up to regain the equity that they have lost in the last couple of years. For those who have lost all of their equity, there is no choice. They must wait for the equity to return. However, for those who have some equity and plan to wait until they regain what they have lost, may find themselves behind the curve.

Several years from now when home prices begin to rise again, as they historically do in San Diego County, the home equity growth will all be in proportion to the price of the home. For example, if you purchase a home of $350,000 versus a home of $700,000, in 10 years from now if the home value rises 10% then you will have gained $70,000 in the $700,000 versus $35,000 in the $350,000 home. During the downturn, if you have lost about 30% of your home equity, on your $350,000 house, then you will be down about $150,000 in equity. In comparison, the $700,000 house has lost about $300,000 in equity, twice as much. So in the long run when home prices go back up as they historically do, by moving up now, then you will be up $150,000 in equity.

Don't delay take advantage of Uncle Sam's Christmas Gift.

Negotiating--Powerful Representation To Get What You Need

"I want what I want, and when I want it!" This is an unrealistic attitude to have when buying and selling homes. Buyers and Sellers need to remain open to winning some battles and losing others.

Negotiating is defined as “the art of influencing or persuading others.” It is a essential skill for a Realtor® who is representing Buyers and Sellers. However, it is important to point out that negotiating is not about taking unfair advantage of someone and should never involve dishonest or unethical behavior. In persuading or influencing others, our goal is to create genuine win-win outcomes by helping people see where they do, in fact, share common ground and can benefit from a give-and-take arrangement that advances their mutual interests.

A suave Realtor®, who understands your needs and is skilled at negotiating, acts as a buffer between you and the other party. They know where you stand and look out for your needs. While there is give, there is also take. They understand how to negotiate and work to get the majority of your needs met. By the end of the transaction, both parties should feel somewhat satisfied not angry and bitter.

Although, quite often the market has a bearing on the outcome of the negotiations. For example, if you are a buyer competing with multiple offers you may have to pay a bit more than you wanted to for the property and accept more imperfections than you hoped for. On the other hand, if you are a seller and haven't had an offer in 2 months, you may take less for the property than you expected. A Realtor® who understands your position will educate you on what is reasonable and unreasonable in the negotiations. However, they won't be afraid to ask for the unreasonable if it is in your best interest.

While, the buyer or seller may be adamant about their stand and they seem to be winning all the battles. If the market is leaning in their favor, you could stand firm and lose the transaction all together or reluctantly compromise one more time.
Sometimes, understanding that by getting over these bumps ultimately leads to your goal, the sale. Don't judge the method, but judge the results.

If Houses Could Scream!

"What happened here?" my buyer gasped.

I was in shock. What had happened since making an offer on the home?

It had been 6 weeks since he had made the offer on this home, that was being sold as a short sale. The sellers had to sell the home as the result of a divorce, and owed more on the home than it would be sold for. The home was older and needed some cleaning, a kitchen and bathroom update, but over all the 3 bedroom house had potential.

As we walked into the house, the seller passed us leaving for work muttering something about trouble with his child who had done some damage.

However, after examining the home, it was evident that the seller had done the dastardly deed. He had removed the dishwasher, the oven, the front bathroom newer bathtub doors. In addition, two bedroom doors, some kitchen cabinet doors were missing. As we walked down the hall I noticed the matching painted wood paneling on the walls was missing and now there was exposed damaged drywall with a layer of black tar down the middle. The original hardwood floors had a long scrapes and gouges where the oven had been drug through the living room to the backyard.

While we had a contract that the seller had violated, what is the point of suing someone who is in the process of losing everything. I could have renegotiated the price down for my Buyer, but where would the angry seller stop before the end of escrow. With the damage he did in 24 hours since the offer had been accepted, would the house still be standing in the next 45 days? Unfortunately, the Seller's actions, spoke loud and clear, "That if I couldn't have it, no one would.

Since we were expecting the home inspector, any minute, my buyer had to make a decision. While I hated to see him lose the house that he had hunted months for and waited patiently for the bank to approve the offer, but there was nothing else he could do. I knew he couldn't afford to rebuild the nice little home he had bought. Not to mention, would he be able to get lending on it. While we had a contract, you can't sue someone who has nothing to lose. Much to his despair, the Buyer was forced to cancel his contract.

While I have seen foreclosed homes damaged, toilets and sinks missing, entire kitchens barren, this was the first short sale where someone had sabotaged his chances of selling a home. While I knew this seller was in the middle of a divorce and angry, I tried to make sense of the destruction.

While some may see the destruction as an expression of anger towards the banks, a silent revolution, I feel we are seeing an epidemic of angry home owners, grieving over the loss of their homes--the center of their family's universe.

While buyers have an opportunity to pick up homes at a reduced price right now, there are a lot of homes out there that have been damaged by Angry Sellers or have deferred maintenance. A big problem with these homes for buyers, is lenders often won't lend on them. So right now, patience is the name of the Buyer Game and being the first to find the diamond.

Any Ghosts in the Closets? The Neighbors Will Talk

”Do you think I will get top dollar for my home,” my seller paused before adding, “ even after what happened here?”
From the tone of her voice, my instinct told me that this wasn’t good. “What happened here?”

My seller shared the story of how after they had moved into their beautiful home that the neighborhood children began to tease their children “that they lived in a haunted house”. There was much more to a last minute disclosure of a “death” in the house than had been told. Unfortunately, they had not met the neighbors before the close of escrow to share the tale of the house. While they bought the house at a reduced price, moved in and lived there happily for many years without any problems, knowing the history may have affected their decision to buy the house and should have been disclosed more thoroughly since it will live on with the house.

I have had numerous encounters with neighbors before helping buyers purchase a home and while some neighbors may have a vendetta again the seller, most often the information is helpful.

For example, while looking at a piece of land with a buyer, the neighbor stepped over to share that she wondered why anyone would buy a piece of land you couldn’t build on, because it was in a flood plain. While this wouldn’t necessarily stop me, if I loved the land, just because a neighbor says something doesn’t make it fact. However, I would definitely heed the warning and check it out with the government agency that issues building permits.

In this day of foreclosures, neighbors can be a great source of information since the banks are exempt from certain disclosures, since they have no knowledge of the house. Recently, I approached a neighbor with a potential buyer for the house next door. With a friendly introduction, we asked the neighbor about the sewer that was noted “available” in the listing information. The kind neighbor shared with us about the home being on septic, as well as, the questionable addition had been there since the house was built. While again, I would still recommend checking out the building plans at the government agency, the neighbor’s information gave my buyers the information they needed to feel comfortable enough to proceed with an offer.

So the moral of the story is, it is a good idea to meet your new neighbors before you make an offer or as soon after, while doing your inspections…to find out if there are any ghosts in the closets.

--Virginia Hall