Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com
Part 4 (Excerpt)
1099 C is for Cancellation of Debt Income Only, not for Interest Rate and Payment Reduction
So for people who find themselves in a very difficult situation considering these options whether it’s a loan modification or a short sale, whatever they need to do to relieve themselves of this particular burden of a mortgage, that for whatever reason they’re no longer able to maintain, they are not always considering the tax ramifications associated with taking a specific course of action, like this example the short sale option.
Right there is actually two pieces of tax component here, you have the forgiveness of debt income that we talked about, they still have the fact that you sold your house and you have to see if there was a gain on that. Over and above the cost basis of the home.
We talked about the 1099Cs a few moments ago, did you say that the lender sends a copy of the 1099C to the IRS? Absolutely.
Now I’m the guy for a few minutes ago who bailed on $400,000 and sold it for $300,000 am I going to get a copy of the 1099C if I haven’t given my lender my new address. Well that could be a problem, they will send it to the last address they have on record for you. And as a homeowner it’s my problem.
The IRS will get a copy, so they will look for it on your return, if you forget to put it on then you’re going to get a friendly notice from the IRS.
If somebody is going to do a short sale, its a fairly civil transaction and when I say civil I mean going for a short sale is horrible for them and their family, but it beats the alternative which is foreclosure, and I think the real problem is when there’s a foreclosure and the guy just walks away and moves off to El Centro California, he’s the one who’s really getting hurt.
So in the event that somebody takes a course of action, and I know that Velocity financial and Michael Barnes, youre not necessarily advocates for that short sale approach. It’s not normally the best course of action, we’ve been talking about loan modifications and it would help me when I talk to clients, or people who call from radio broadcasts who asked questions about loan modification process as part of a financial strategy, help me with some of the tax ramifications. Let’s say that I have a loan and I know the best thing for me is a loan modification, am I going to be faced with a 1099? A tax bill at the end of a loan modification?
Yes, the first of the two tax implications will apply which will be the debt forgiveness part.
I didn’t mean to interrupt you Mike, well I said there are several different types of loan modifications, I believe are you asking about when the loan modification is where they actually do forgive some of the debt?
Thats a point, I know there’s been a lot of discussion on the use of the TARP funds especially from the federal government regarding these banks that qualify for some of these funds, they have to do principle reductions for their mortgages. So let’s say there isn’t a principal reduction involved, from that aspect, its not a taxable event that could take place, since I’m not reducing my principal, I’m simply getting a reduction in my term or my rate.
That’s right, the only time that taxes would come into play is when the principal gets reduced because thats forgiveness of debt.
So let’s take that one step further, whatever mortgage interest I’m able to deduct on my taxes may be impacted if it’s a lower percentage, right because youll be paying less interest, but there’ll be no surprise 1099 coming your way if its just an interest modification.
One of the things that I like to make thing clear is that were trying to do the best for you the homeowner so you can stay in your home. The situation I’m talking about, the $400,000, the lender is more likely than not is not going to forgive $100,000, however the same lender is more than willing to reduce your interest rate so that your payment would be the same if they have done the principal reduction, because it’s not a permanent loss for the bank. If there is someone out there who’s telling you that they can have your mortgage reduced by tens of thousands or hundreds of thousands of dollars, it’s not going to happen and I doubt it’s going to happen anytime soon.
Duration : 0:5:58
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Home Loan Modifications Negotiated by Licensed Attorneys. Real Estate & Mortgage Laws and Guidelines are Complex. Beware of the Banks Loss Mitigation Department. Go To http://RealEstateMarketingThisWeek.com
Part 7 (Excerpt)
Attorney negotiated loan modification process Going thru the Legal Door
We have Dan Havey with us talking about loan modifications. This segment we want to talk about the specifics of the actual mechanics of, how does it actually work for the homeowner? Let me just start it off and if you would then explain the back end of how it works. Our job is to determine where you’re at now, be very specific about where you’re at with your mortgage now, what the rate is, what it’s done, those specifics. How much you make? We have to help the lender with one thing which is to establish a hardship which is crucial to this. You can’t be making half $1 million a year paying $5000 a month in a mortgage, they are not just going to lower your interest rate because you want it. There actually has to be some sort of change, financial change, hardship.
We determined that and then there is a significant amount of paperwork involved, Velocity Financial takes care of that for you. We fill out the paperwork along with your help, review all of the documentation, we then recommend be right loan modification, whether it be an interest rate reduction, or extending the term of your loan, waiving some of the balance that you owe which is very very rare. To make sure that once we’re done with this whole process you can sustain and live in that house and be happy forever.
So the process itself really is not that much different than what people went through when they got their loan in the first place. That is correct and it’s kind of funny, this has to be exactly the reverse. There is paperwork that we need to collect on your mortgages, we check the value of the property to see where you’re at and in most cases youre underwater with the value. We dont do an appraisal though, there is no credit analysis, we do review your finances, and these sorts of things but essentially it’s just like doing a loan. What we’re trying to determine is exactly what is sustainable for you.
So what we do at the modification hotline at Velocity Financial is to put together the entire package, just like we do for a loan package because we basically send this to a underwriter, theyre not known as an underwriter they’re known as a loan modification coordinator but at modification hotline we are the first set of eyes. We work with you directly, getting all the paperwork in, getting it put together because we know exactly what has to be in that file, how it has to be stacked, how it has to be presented, before it goes to the loan modification coordinator who works for the attorney.
Then once it is at the attorneys office with their modification coordinator, they take a look at it, they make sure that everything is in there, they make sure that it is a doable modification. This all happens before it is ever presented to an attorney.
There are a whole lot of steps and there is a lot of paperwork. The process like you said is very similar to a loan with the exception that there are no costs of the title company and all that other stuff. Those dont exist, we dont charge an upfront fee, and we do collect a retainer for the attorney. At some point during our process we make our recommendations and we turn it in. Then the attorney does their due diligence and thats where I really want you to explain what happens, what are these attorneys looking for?
Well this is where it completely goes off track, versus what a homeowner would do if they were doing their own modification, because they would do everything we just talked about, they would fill out the paperwork, get together tax returns, pay stubs, whatever the lender wanted and they would present all of it to the lender. Now they probably wouldn’t know exactly how to stack some of the paperwork, and how to calculate some of the things that we know how to calculate, but they would put all that they work together.
Where the difference comes in is once it gets to the attorney because the attorney ultimately wants to get you a loan modification but they can’t just call up the bank and say hey I want loan modification, because he is going to get the same result you did. So what he has to do is he has to go through the file, and he has to look for things like, I am going to use a bunch of acronyms here, he’s looking for things like TILA, RESPA, HOEPA, HUD violations, all these different guidelines that the lender was required to meet while giving you the loan.
Duration : 0:6:47
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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com
Part 6 (Excerpts)
Arizona is not a recourse state, so chances are you will not owe 1099 C Income
In Arizona, typically its not a recourse state, so if they are telling you that theyre going to garnish your wages because you didnt pay back your entire mortgage, there is a local bank ,that was threatening a very good colleague of ours about a small second mortgage that person had taken out. Threatening to send it to collections and garnish her wages. It simply isn’t going to happen.
But nevertheless, there is still the tax implications that apply, if you need to navigate through this maze. There is a lot to it, you need to protect yourself. You talked about bankruptcy is one of those exclusions, right? One of the problems with bankruptcy is people dont understand the bankruptcy laws. They are so tight now and your feet are really held to the fire from the federal government right now. It’s not like you just didn’t make your mortgage payment, so you go file bankruptcy, it’s just not realistic. Assuming bankruptcy is the last resort option for everybody. And we certainly want to avoid that, it would not be sound financial advice from any credible source that I can think of.
Let’s walk through a case scenario, somebody who is listening to this broadcast, their head is spinning right now, they’re thinking, oh my gosh. I should have known about the tax implications, a short sale versus loan modification. Let’s start at the top and work through a quick scenario. And then we’ll point out the specifics of what they should be considering right now.
For example, we talk about this all the time and to your credit Michael Barnes and to Velocity Financials credit, you were early in bringing out the loan modification for people who were in a distress situation regarding a mortgage, maintaining or keeping up with the mortgage payment. So you started going down the path where the refinance started to become a much more difficult option, with new constraints and all the other factors that led to part of this economic crisis, a loan modification has become a buzz topic today. Driving to the station today, driving down Camelback Road, I see a sign on the corner. You know, one of those stick in the ground, homemade jobs, that says don’t refi a Loan, modify, with some success rate and the phone number.
Hang on there I want you to say the success rate. The sign literally said, 99% success rate, and it goes back to the point that you made when they say that they can reduce your mortgage principal by tens of thousands, hundreds of thousands of dollars, thats the absolute last resort for any lending institution. Thats not what this is about, so let’s start with that, then we will work on the tax ramifications of how that might work in the overall financial strategy.
I am familiar with the loan modification industry here in Arizona. There is no regulation, unfortunately. We at Velocity Financial work with a national network of attorneys, so if you’re the guy in El Centro California, or youre in Phoenix, or youre in Alaska it doesn’t matter where you’re at. We have someone who is an expert in that field in that state because the laws are different. But without the regulations some person with the ugly yellow sign on the side of the road says he has a 99% success rate, I don’t believe him it’s probably not using an attorney, who knows, dont buy into that garbage. Were going to tell you the truth, if we cant do a loan modification, we will tell you that we cant do it. And if a loan modification is not the best thing for you, you can find the some of these other options.
Duration : 0:5:19
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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com
Part 2 (Excerpt)
A team approach is best when dealing with all issues regarding taxes, real estate and investments
Brett, wow what an exciting four days
Yes the last four days in the stock market have been a really wild, you know the doom and gloom. I will give you an example, the year to date low closing of the S&P 500 at 752 was the value for that index. And that occurred last Thursday, November 20 the last four days in the stock market has virtually gone straight up, as a matter-of-fact, reporting a yearly 15% gain in those four trading sessions.
What people fail to realize is that level of gain, coming off a loss in your portfolio is really important to get you back on the right track, so those who are wondering if its time to buy or should I have sold. I say November 20 you can’t afford to miss a 15% rally. I can’t tell you what the market will do come Friday, which is a half day or next week, but I can tell you there is a growing consensus among multiple economists, and experts say were in for the mother of all rallies in an otherwise bear market economy.
And one other thing that I want to point out really quickly, thats so important to the listeners out there in regard to this show specifically. We spent a lot of time talking about strategic partnerships, and today is a perfect example of what Velocity Financial and the Velocity of Money Radio Show are all about.
We have strategic partnerships to work towards the best possible outcome for the listeners that are tuned into the broadcast. They are looking for a ray of hope, theyre looking for education, theyre looking for information. And when you put those factors together and introduce tax experts like Mike Patenella, the certified professional mortgage strategies such as you, registered financial consultants like I. Thats how people, when we have these experts and strategic partners working towards the best possible outcome.
Thats a really good point. And I like the way you illustrated that, one of the things that so many people like to do today, is to do so much on their own and that’s okay. When you do things on your own, typically people learn more about it. The problem is, now is not the time to try to figure out what to do with your money in the stock market. Now is certainly not the time.
If youre facing foreclosure, or youre considering a short sale, youre possibly losing your house, you can’t make your mortgage payments or you need a loan modification, its not something you should try on your own, its one of those things where you just don’t know the ins and the outs. More importantly, talking about doing these types of things on your own, do you really have the time to dedicate to what it is youre trying to do.
For instance there is a silly commercial on the tv, Mike where the guy is getting audited and the lady says oh, let’s talk to the box. Thats a classic example of somebody who wants to go buy a box of software at a warehouse store to do their own taxes, and Mike I know for example that you have still have people who have tried to do it on their own. And in most cases you find many things that are missed.
Yes thats why were in business. It’s worth it to have us help you out, you’ll save money and you will pay us less than you will the government. Our goal is to work for you, work with the mortgage guys and financial planners and coordinate an effort to help you out.
Brett Fallon and I have been working together for years, we share most all of our financial sense or ideals are parallel. I have learned a lot about finances from Brett that I never knew. And Brett and Mike have been working together also for many years, it has only been a year or so since you and I have met.
But having said that you could do your own taxes, you could do your own investing. You can get one of those online accounts. Well, you could do your own loan modification, but in any case, that I have ever been involved in, in regard to loan modification, doing your own taxes, or doing your own finances, you will inevitably miss something. It’s just worth paying a little bit more to hire a professional, versus trying to do something like that on your own.
Especially the impact the situation where there is substantial, job loss, loan modification or any of these potential types of situations.
Duration : 0:6:51
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Part 4 (Excerpt)
FHA financing why you should work with a broker: 4% appreciation over the last 17 years
You mentioned earlier that property values are up 71% long term, even though we had this 50% drop. Youre talking about the average 4% appreciation per year since 1992.
Right, I did some calculations I was working on a book last year and one of these days I may get around to publishing it. Its called Real Estates Future and what we were looking at was a statistical model to be able to pick the top and the bottom of all the real estate markets. I hadnt looked at the thing for about a year until I was working with Michael the other day and I started pulling it out and going lets run the model and see where we are in regards to the market, and one of the things I looked at is the last time we saw the bottom of the market was when I was selling houses for the RTC and that was in 1992, the median home price was $76,000. Median home price now is $130,000. That means from 1992 until now it went up 71%, thats after we just saw a 50% decline. So it is up 4% per year on average, and where else are you going to get a return like that? Even if you put 3.5% down on a house you are getting a heck of a lot more than a 4% return. If you look at the internal rate of return it is significantly greater.
Right and dont buy a house because you are looking at a rate of return. If you are a first time home buyer and you can qualify for this program, if you have been living in an apartment for the last three years and you just want to have a better place for yourself and your family to live, I know right now there are a lot of fabulous houses out there for $130,000. I saw one the other day that was listed at $100,000 that I know was probably at least $250,000 a couple of years ago. Yes, four bedroom-three bath houses, we are currently working on several cases at $150,000 or below, in good parts of Maricopa county.
I ran some numbers before as well just looking at the number of homes that sold in Maricopa County in January and in that month 45% of all the houses that were sold, sold for less than $130,000. And when I had the example earlier about the median family could buy a $280,000 that was 85% of the market. 85% of all the houses that were sold in Maricopa County could be purchased by a family of four with a median income.
And you know with the loan limits the way they are with FHA with 3.5% down you can go all the way up to $358,000 and still only put 3.5% down. Pretty much anyone can get in and I would probably say that 90-95% of all the houses sold were within the FHA loan limit. That means you can still get in with 3.5% down, you dont have to have perfect a credit report, you cant have a lot of bumps on it but it doesnt have to be perfect, you dont have to have a huge FICO score.
Do they even look at FICO scores? Its complicated, the Federal Housing Administration does not have a minimum FICO score requirement, however all of the mortgage banks have overlays, so in other words nobody uses just the FHA guidelines, they have their own parameters on top of the FHA requirements. One of the main reasons why you would want to go to a broker instead of directly to your bank is they may or may not have enough overlays that will work in your favor. As a broker we have all of the major mortgage banks and we know the guidelines, so we can make anyone fit into a house that can get approved.
Right and thats always the nice thing about working with a broker because you have, lets say you have 20 banks that you are signed up with and you are FHA with all of them, so you have 20 different sets of guidelines that you can fit the borrower into. If a home buyer went to a bank and they had to do an appraisal and a credit check and all that and then they denied you, you would have to go to a different bank and they would have to do all that same stuff all over again. When you are working with a broker they do it one time and then shop it to 20 different lenders.
Yes, and I have to point something out more importantly, if you go directly to your bank and you do get declined after you have spent the money on all these different things the process is much more difficult because you have to start all over again and the reason you were declined has to be explained as well and it becomes a much more lengthy process. Where as when working with a broker you dont have to do that. We take the hit for you and we move you into the right lender of your choice…
Duration : 0:6:3
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Jon and I (mike) go out and film HUD Repos
Duration : 0:7:15
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Duration : 0:0:48
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