Each borrower’s situation is different. To see if a short sale is right for you, please contact us anytime. We’re here to help.

Suffice to say, most people are unaware of the potential tax consequences of a short sale (or foreclosure for that matter). A short sale involves selling a property for less than the amount owed to the lender. Per the tax code, the IRS considers a short sale a “Debt Cancellation”. When a lender cancels or forgives debt, the difference between what was owed and the amount the lender received to cancel or forgive the debt may be taxable to the borrower. For example, assume you owe $550,000 on a mortgage and subsequently sell the property via a short sale for $450,000 and receive forgiveness for the $100,000 difference — this amount could be taxable income.

Loan modifications – changing the terms of a loan — that result in a reduction in the loan balance may also be taxable. Effectively, a reduction in the balance of the loan may be taxable as forgiven indebtedness. Foreclosures may also result in reportable income to the homeowner that walked away.

Fortunately, the Mortgage Debt Relief Act of 2007 allows many homeowners to exclude the forgiven debt on their tax returns. Several conditions must be met for the forgiven debt to be excluded from income for tax reporting purposes. First, the indebtedness must have applied to a qualified principal residence. Second, the indebtedness must have been secured by the residence. The amount excluded from income is limited to $2 million for married taxpayers or $1 million for single taxpayers. Finally and perhaps most important, the debt must be forgiven in calendar years 2007 through 2012.

For homeowners considering a San Diego, La Jolla, or Carlsbad Short Sale,  the tax consequences may be significant. As an example, if the amount of forgiven debt is $100,000, there may be no tax consequences if the closing occurs this year (2012). If it closes in 2013, the $100,000 may be taxable and depending on the tax rate of the San Diego, La Jolla, or Carlsbad Short Sale homeowner – resulting in tens of thousands of dollars in taxes due.

Of course there are forms to be filed and additional rules to be considered. For more details you can visit IRS website. The site includes links to the required forms as well as complete information on what debts qualify. It goes without saying that each person’s circumstances vary and consulting with your tax professional is advised. If you have questions about the short sale process or are considering a short sale or a loan modification, contact our office.

January 26, 2012 San Diego, CA – Magnus Realty Group, Inc., “Purveyors Of Exceptional Real Estate Services in San Diego” have added Juan Antonio Escorcia to the firm’s winning roster of Realtor® Consultants.

“Magnus Realty Group believes in establishing long term relationships with its clients; Deep relationships that stretch beyond any one transaction. For that reason, not only do we select some of the brightest and most talented Realtor® Consultants in our industry, but also those that represent Magnus’ brand  & actually “stand for” our clients. Our client relationships embolden our consultants to successfully navigate our client’s real estate matters during one of the most turbulent times in history. I am very pleased to have Juan Antonio join our firm and carry on our tradition of delivering the most ethical, skilled and exceptional residential real estate sales & management services in the San Diego region.” – Ernie Pallares, President, Magnus Realty Group, Inc.

About Magnus Realty Group, Inc: A provider of superior Real Estate Sales & Property Management services in San Diego County & the Southern California region, Magnus Realty Group, Inc. is an experienced & sophisticated provider of Real Estate Sales, Short Sale Settlement, and Full-Service Property Management services.

Learn more at www.MagnusResults.com

SO WHAT EXACTLY IS A SHORT SALE?

Put simply, a short sale is the sale of a home in which the amount owed to the lender(s) is more than the amount that the home can be sold for. Instead of the homeowner having to bring in money to complete the sale, the sale is completed through negotiations with the existing lender(s). The lender(s) agree to accept less than the full amount owed to satisfy the debt and allow it to be paid off “short.”

Put even more simply, a short sale is a real estate transaction that requires an approval from the lender – period.
It’s not some complicated legal process that requires paying an attorney. Note: Beware of that scam.
Now don’t get me wrong. Short sales are most definitely a different animal than a regular real estate transaction because once you stop making your mortgage payments, the clock starts ticking and the hangman starts preparing his noose.
You’ll get one shot to do a successful short sale. If your agent is inexperienced at short sales, makes mistakes, gives up, slacks off, drops the ball, or simply doesn’t know how to negotiate with banks, you’ll wind up being foreclosed on and believe me, you do not want to go through a foreclosure.
A foreclosure will devastate your credit. Your credit score can be lowered by as much as 300-400 points (or more) and you’ll be hounded day and night by your lender. Even worse, you’ll have tremendous difficulty getting credit cards, auto loans or even renting a home or an apartment for the next 7 years.
Your home will be repossessed by the bank and the bank will sell your home, either at auction, or more likely through a Short Sale Realtor in San Diego (or in a city where you reside), with a large sign out front that says “Bank Foreclosure”.

Here’s something important you need to know about short sales, depending on whether the loan on your home is a “purchase money” loan or whether you did a “cash out” refinance after your purchase, you either have a “non recourse” or a “recourse” loan. This makes a BIG difference as to whether or not your lender can go after you to repay your debt, even after your home has been foreclosed on.

A non-recourse loan is…

A loan agreement under which the collateral securing a loan is the ultimate source of repayment, and the lender cannot hold the borrower personally liable in the event of a default. The lender can seize (and sell) the collateral but cannot seize non-pledged asset or property.

A recourse loan is…

A loan agreement under which a borrower gives an undertaking to repay a debt even if the funded asset (acquired with the loan proceeds) cannot be liquidated to cover the loan amount. In case of a default, the lender can seize and sell the funded asset as well as the borrower’s un-pledged assets or properties.