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.

Expiring Mortgage Debt Forgiveness Act To Increase Strategic Defaults?

Last December I blogged about strategic default.  That is, consumers who walk away from their mortgage even though they have the ability to continue making their payments. It results in foreclosure, of course.

If the Mortgage Debt Act is allowed to expire by a deadlocked Congress, will this encourage more struggling homeowners to walk away instead of trying to sell their homes by short sale?  Currently, homeowners don’t have to pay tax on the forgiven debt.  If the Act expires, the forgiven debt will be treated as income (a ‘gift’) and will be taxable.

In September (2012) Housing Wire reported that 1 million Home Affordable Modification Program (HAMP) loan modifications were cancelled by lenders after their 3 month trial. HAMP terms are likely the most appealing to homeowners having financial difficulties – if they qualify. The government predicted this program would help 3 to 4 million homeowners, but as of September 2012, only about 825 thousand made it past the three month trial period. Less than $3 billion of the over $29 billion set aside for this program was actually spent.

Home Affordable Refinance Program (HARP) and lender-based refinances are also options, but they also have requirements that may be tough to meet or the savings may be minimal. That’s why short sales remained attractive to many underwater homeowners.

Like all things financial right now, these are complicated and interwoven subjects, but it seems possible that the expiration of the Mortgage Debt Forgiveness Act will have the effect of causing more strategic defaults and therefore foreclosures.  Write your legislators and tell them to extend the Act today.

Confused about short sales, or need to explore the options for the sale of your home? Give me a call for a no-pressure appointment.