The Mortgage Leniency Debt Relief Act of 2007 also known as the Obama Mortgage Relief Act, often allows taxpayers to exclude the forgiveness of debt on their mortgage from revenue when they discharge debt on their principal residence. Debt reduced thru mortgage loan modification , as well as mortgage debt release in association with a foreclosure, qualifies for this exclusion. More details can be discovered on the Dep. of the Treasury Internal Revenue Service website ( www.irs.gov ).
This provision applies to debt discharge that occurred in the calendar years 2007 through 2012. Up to $2 million of forgiveness of debt on your home loan is eligible for this exclusion ($1 million if married filing separately). The exclusion only applies if the debt discharge resulted from a fall in the home market value or the taxpayer’s fiscal condition.
This past week, President Obama announced a $25 bn. settlement with 5 of the most important mortgage lenders over a washing list of improprieties from “robo signing” foreclosure documents to failing to agree faithfully with house owners over inflated charges and other charges that pushed them into default.
At least $10 billion is to be used to cut back the principal owed by borrowers who are behind and owe more than their homes are worth.
Another $3 bill is put aside for owners who are current, but underwater on their loans.
Another $1.5 billion for a borrower payment fund, essentially $2,000 checks for 750,000 borrowers who were foreclosed upon between Jan. 1, 2008 and Dec. 31, 2011.
Etcetera
Personal Opinion Time:
As a tax pro, I see a batch of 1099C?s this time of the year. The real large debt release seems to be coming from California and Arizona…in that order. It’s hard to understand how rewarding bad decision-making by taxpayers is something the rest of us should pay for. What we are seeing is a strange phenomenon…the transfer of wealth from individuals that are responsible and cannot afford it to those that've been rash and due have it. How ? Consider the debt release of $2 million of an individual that qualified for a $4 million home in LA. That individual lived, partied and enjoyed the advantages of this home for years. Then he wasn't needed to pay the taxes due on the $2 million of his debt that was forgiven. He just walks away and the IRS does not tax him on the advantages he's received. I guarantee you that I cannot qualify for a $4 million loan but we are helping him by effectively paying the taxes that he should have paid. We now live in a society where personal responsibility does not appear to exist.
So…Question: What about paid-up house owners who are not offered similar reductions on their loan balances?
Answer: The satisfaction of living a life responsibly.
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