Wednesday, January 02, 2013

Mortgage Debt Forgiveness Act Extended Through 2013


This is really good news!  Congress has extended the Mortgage Debt Forgiveness Act as part of the fiscal cliff deal.  What does it mean to you?

Well, really, nothing unless you’re going to sell your home as a short sale this year. Or, perhaps if you have a neighbor that needs to do a short sale.  What the Act did was to prevent the homeowner from being taxed on the forgiven debt that was part of the short sale.  Prior to the Act going into force in 2007, if you were forgiven $20,000 worth of debt on the sale of your home, the IRS treated it as income and you had to pay taxes on that amount.  Tough to do when you could prove a hardship and couldn’t make your mortgage payment to begin with!

It was anticipated that without the extension of the Act there would be no incentive for consumers to go through the stressful and rigorous short sale process and it would likely result in more ‘walk aways’, i.e., strategic defaults.  Not good for the homeowner, not good for the neighborhood. It’s always better to have homes occupied rather than sitting vacant.

As an aside, did you know that ‘fiscal cliff’ was one of Lake Superior State University’s entries on its annual ‘Banished Words’ list this year?  It sits alongside other terms like “kick the can down the road,” “boneless wings,” and “bucket list.”  See the list here.

And while you’re reading the list, feel good that the Mortgage Debt Forgiveness Act was extended – even if ‘fiscal cliff’ has been banished.

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