Short sales: taxes, 1099s, and relocation assistance

February 19, 2013 By Leave a Comment

by Melissa Zavala in Housing News -   

taxes money Short sales: taxes, 1099s, and relocation assistance

It’s Tax Season

I always know when tax season is just around the corner because I see Lady Liberty or Uncle Sam spinning signs that invite me into a local tax preparer’s office. Now is also a time when lots of questions arise about short sales and income taxes. If you or any of your clients participated in a short sale in 2012, then there are a number of things you will want to know about short sales and tax return preparation.

Mortgage Forgiveness Debt Relief Act of 2007

I received a 1099-MISC from the short sale lender. Is the income noted on the 1099-MISC taxable?

The Mortgage Forgiveness Debt Relief Act of 2007 provides tax forgiveness for certain short sale sellers, and such forgiveness depends on the taxpayer’s specific situation. Taxpayers who sold their home in a short sale during 2012 should seek the advice of an accountant in order to learn whether this Relief Act applies to their unique tax position.

What if the Mortgage Forgiveness Debt Relief Act doesn’t apply to my short sale?

Because the Mortgage Forgiveness Debt Relief Act of 2007 does not apply to everyone (e.g. if the home sold is not a qualified principal residence or due to bankruptcy), it is vital that taxpayers seek the advice of an accountant in order to learn about any other tax laws that may come into play in order to provide tax relief.

Is Relocation Assistance Money Taxable?

I received an incentive from the short sale lender? Do I have to pay taxes on the incentive?

According to the Internal Revenue Service, “Cash for Keys Program income, which is taxable, is income from a financial institution, offered to taxpayers to expedite the foreclosure process. Report this as ‘other income’ on Form 1040, line 21. The taxpayer should receive Form 1099-MISC with the income in box 3.”

I received an incentive from the short sale lender, but I did not receive a 1099-MISC. How should I proceed?

I’d bet dollars to doughnuts that short sale sellers often don’t receive the 1099-MISC because the short sale lender doesn’t have a record of the taxpayer’s new address. Speak with an accountant about how to proceed in this situation.

Common Problems with Relocation Assistance

My real estate agent told me that I was supposed to get relocation assistance money. We closed, and I received a 1099-MISC. However, I never got any relocation assistance money. What should I do?

All relocation assistance money is documented on the final settlement statement (also called a HUD-1) and payable to short sale sellers through the settlement agent at closing. If there is no line item for relocation assistance on the settlement statement and no notation on the short sale approval letter from the lender, then the bank did not approve the short sale assistance.

If there is a line item for relocation assistance and the seller did not receive the funds, contact the settlement agent for more information. In many cases, with prior written authorization of the short sale seller and the short sale lender, relocation assistance money is used in order to pay off non-institutional liens and clear the title for closing.

On the settlement statement, it shows that the buyer is paying the relocation assistance and not the short sale lender. Why would I receive a 1099-MISC from the short sale lender if the buyer paid the money?

Since any real estate sale requires that buyer funds be used to pay seller costs, the relocation assistance shows as a debit to the buyer and a credit to the seller. Of course, this is a credit to the seller from the short sale lender who retains all of the remaining funds at closing.

Short Sale Documentation

No matter when the short sale closes, all short sale sellers should retain copies of the short sale approval letters from the lenders and a final settlement statement from the closing agent. In this way, any questions that come up (no matter how far in the future) can be addressed quickly and efficiently.

Courtesy of your Arcadia Real Estate Agent

Filed Under: Brian Peralez, For Sale, Lending, Market, Mortgage Tagged With: , , , , , , , , , ,

Fannie, Freddie short sales hit record high

January 8, 2013 By Leave a Comment

REO inventories down 36 percent from 2010 peak

BY INMAN NEWS, MONDAY, JANUARY 7, 2013.

Inman News®

<a href="http://www.shutterstock.com/pic.mhtml?id=50051371" target="_blank">Short sale sign</a> image via Shutterstock.
Short sale sign image via Shutterstock.

Loan servicers working on behalf of Fannie Mae and Freddie Mac signed off on a record number of short sales in the third quarter of 2012, according to a report from the mortgage giants’ regulator, the Federal Housing Finance Agency (FHFA).

Short sales and deeds-in-lieu of foreclosure totaled 37,966 for the three months ending Sept. 30, 2012, up 4 percent from the previous quarter and 23 percent from a year ago. Fannie and Freddie implemented accelerated timelines in June 2012 for reviewing and approving short-sale transactions.

Fannie and Freddie short sales and deeds-in-lieu


Right-click graph to enlarge. Source: Federal Housing Finance Agency.

The mortgage giants’ inventories of “real estate owned” (REO) homes also continued to decline, as Fannie and Freddie got rid of homes faster than they acquired them through foreclosures.

During the first nine months of the year, Fannie and Freddie acquired 197,507 homes through foreclosure, and sold 218,321 REOs and foreclosed homes.

Fannie and Freddie REO inventories (thousands of homes)


Right-click graph to enlarge. Source: Federal Housing Finance Agency.

All told, Fannie and Freddie had 158,138 homes in their REO inventories as of Sept. 30, 2012, down 13 percent from a year ago and a drop of nearly 36 percent from a Sept. 30, 2010, peak of 241,684.

Fannie and Freddie were placed under government control, or conservatorship, in September 2008. Since then, loan servicers working on their behalf have approved 2.1 million home retention actions, including 1.26 million permanent loan modifications.

During the same period, Fannie and Freddie acquired more than 1.1 million homes through foreclosure, and signed off on 413,436 short sales and deeds-in-lieu of foreclosure.

There have been about 4 million completed foreclosures nationwide since September 2008, according to data aggregator CoreLogic.

Of the 62,561 loan modifications completed in the third quarter, about 45 percent of borrowers saw their monthly payments decrease by more than 30 percent. More than a third of loan mods included principal forbearance. Less than 15 percent of loans modified in fourth-quarter 2011 had missed two or more payments as of Sept. 30, 2012, nine months after modification, the report said.

Since the beginning of the Obama administration’s Home Affordable Modification Program (HAMP) in April 2009, just over 1 million borrowers have been offered a trial loan modification, and more than half had been granted a permanent modification. Of those, 21.2 percent had defaulted as of the third quarter. The vast majority of the remainder, 428,946 borrowers, were in active permanent modifications as of the third quarter.

Since October 2009, Fannie and Freddie have offered 564,822 non-HAMP permanent loan modifications. Non-HAMP modifications made up two-thirds of all permanent loan mods in the third quarter, the report said.

The share of mortgage loans 30-59 days delinquent rose slightly to 2.08 percent of all loans serviced in the third quarter, but the share of seriously delinquent loans fell slightly to 3.39 percent. Seriously delinquent loans are those that are 90 days or more delinquent or in the process of foreclosure. More than half of seriously delinquent borrowers had missed more than a year of mortgage payments as of the end of the third quarter, the report said.

Nearly 3 in 10 of these deeply delinquent borrowers are located in Florida.

 

Courtesy of your Arcadia Real Estate Agent

Filed Under: Market, Mortgage Tagged With: , , , , , ,