If you have recently missed mortgage payments on your house then you are risking possible foreclosure. This can be a really stressful time for anyone as it just hits you from all angles: your lose your beloved home, your credit rating dips, and you end up footing the bill as well. To save your home or property as well as your credit rating you may want to consider doing a short sale, which is a step to avoid foreclosure in Fairfax so you can have a chance to protect your credit rating and keep your home.
In essence, during a short sale, this transaction lives up to its name because the purchase price agreed upon is much lower than the amount owed on the mortgage. Even with the foreclosure company acquiring the home for a fraction of the original mortgage amount, say they buy a home worth $100,000 for just $80,000, you still continue to owe the original amount. Naturally a $20,000 discount can be earned from this deal which makes it very appealing from the perspective of an able buyer. The homeowner is not out of the woods yet as a debt balance remains even after the short sale.
The difference between the short sale price and the original mortgage can be paid through the two options offered by mortgage companies. By agreeing to any of these two options, it implies you agree to still owing a considerable sum of money on your mortgage. A foreclosure deficiency judgment or a 1099 form can be served by the mortgage company to claim the remaining balance not paid in the short sale. Based from the earlier example, with the use of a deficiency judgment the mortgage company can demand the remaining difference of $20,000 from the mortgagee.
A deficiency judgment is only filed against you after the short sale is completed and you are able to avoid foreclosure in Fairfax. Being issued a deficiency judgment is a lot like being sued wherein a judge can rule you still owe the remaining debt from your former property. Most mortgage companies don’t want to make life difficult so if you can prove financial hardship the company usually agrees not to file for a deficiency judgment. As a workaround, what they will do is consider the $20,000 a business loss and consequently send a 1099 form instead of a deficiency judgment.
In the event you do receive a 1099 form in lieu of a foreclosure deficiency judgment, you will have to declare the deficiency as income with 10-15% of it going to the IRS. At the end of the year, the amounts listed in the 1099 will have to be declared as income. The income declared in the 1099 will be taxed appropriately as mandated by law, based on the fact that it is still income earned, but it will not significantly impact the tax for the whole year because not much income was earned on the same year. In essence, only 10% of the income listed in the 1099 will be owed as taxes.
No matter how you choose to avoid foreclosure in Fairfax, the reality is, you will end up in a considerable amount of debt. Since lenders have two ways of dealing with mortgage debt, it can also be owed differently in two ways, either with the IRS or with the mortgage company. The good news is no matter which way you look at it, this amount owed is way lower than the impact of a foreclosure on your property.
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