www.MyDistressedHome.com

Mortgage Forgiveness Debt Relief Act of 2007

Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence. Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income. Disallows an exclusion for a discharge of indebtedness on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. Sets forth rules for determining the allowable amount of the exclusion for taxpayers with nonqualifying indebtedness and taxpayers who are insolvent.

Extends through 2012 the tax deduction for mortgage insurance premiums.

Sets forth alternative tests for qualifying as a cooperative housing corporation for purposes of the tax deduction for payments to such corporations. Qualifies a corporation if: (1) 80% or more of the total square footage of the corporation’s property is used or available for use by its tenant-stockholders for residential purposes, or (2) 90% of the corporation’s expenditures are for the acquisition, construction, management, maintenance, or care of its property for the benefit of the tenant-stockholders.

Allows members of a qualified volunteer emergency response organization (i.e., an organization that provides firefighting and emergency medical services) an exclusion from gross income for state and local tax benefits and for certain payments for services. Terminates such exclusion after 2010.

Allows certain full-time students who are single parents and their children to live in housing units eligible for the low-income housing tax credit provided that their children are not dependents of another individual (other than a parent of such children).

Allows a surviving spouse to exclude from gross income up to $500,000 of the gain from the sale or exchange of a principal residence owned jointly with a deceased spouse if the sale or exchange occurs within two years of the death of the spouse and other ownership and use requirements have been met.

Increases the penalty for failure to file a partnership tax return and extends from five to 12 the number of months in which such penalty may be imposed. Limits disclosure of tax return information that includes individual taxpayer identify information.

Imposes an additional penalty on S corporations for failure to file required tax returns.

Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the estimated tax payment due in the third quarter of 2012 for corporations with assets of at least $1 billion.

Deficiencies

When a homeowner buys a house they sign two documents: A promissory note - this is a personal guarantee to pay the lender the amount borrowed, and a mortgage or trust deed - the lien against the real property, and secures the promissory note. The Deficiency (Not Deficiency Judgment) is the difference between the amount owed and the short sale approved sale amount. A deficiency by itself is unsecured and is governed by the state law statute of limitations.
 
The Deficiency Judgment is the end result of a court case. Meaning the homeowner has been sued (foreclosure) and has lost. A judge then has to rule and issue the judgment, hence "Deficiency Judgment"

This is good for 20 years!
 
Why someone would want to avoid foreclosure is as follows:
 
The seller will still have a deficiency of whatever they owed versus how much the bank sells the property for. In addition, they will be responsible for all attorney cost, HOA fees, taxes, and insurance the bank pays until they can liquidate the property through a sheriff sale or as an REO (Bank-Owned). If the property doesn't sell at the sheriff auction it can take up to 12 months to become and REO, in which the lender will issue for the deficiency and then file a civil suit for the total loss the incurred.
 
Tax Liabilities
 
If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income or they may insolvent.
 
Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets. All details covered here http://www.irs.gov/pub/irs-pdf/p4681.pdf
 
Example:

If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income.  If you do not qualify for this exclusion, or your gain exceeds $250,000 ($500,000 for married couples filing a joint return), report the taxable amount on Schedule D, Capital Gains and Losses.

In this situation, the borrower has a tax-free home-sale gain of $30,000 ($200,000 minus $170,000), because they owned and lived in their home as a principal residence for at least two years. Ordinarily, the borrower would also have taxable debt-forgiveness income of $20,000 ($220,000 minus $200,000). But since the borrower’s liabilities exceed assets by $20,000 ($250,000 minus $230,000) there is no tax on the canceled debt.