Because of the foreclosure crisis, the Internal Revenue Services have decided to give some relief to home owners that are facing foreclosure to make it easier and possible to refinance or sell their primary residences.
The Internal Revenue Service is now expediting the “subordination” process for federal tax liens, now what this means is basically allowing the new mortgage holder to be in first position and the tax lien would move to second position. Otherwise, especially in refinance transactions the Tax Lien would have to be paid in full and released before the home owner would actually refinance. This move by the internal revenue service is much needed in today’s market, as real estate values plummet and there is little if any equity left for home owners to refinance or do a traditional real estate sale.
This new approach by the internal revenue service can sometimes mean the difference between the home owner and their family losing their home to foreclosure or refinancing to lower their payments, where the home is now affordable and they can continue to live there.
Now for home owners that are deciding to sell and move on, can also benefit from this new IRS program. If a home owner has little or no equity, the tax lien could be a road block in the selling process, but in this case the internal revenue service will discharge the tax lien so the sale can be completed.
Now it is important to note that the IRS is not forgiving these back taxes that are owed by the home owner, but instead they are no longer requiring that these federal tax liens be paid off before the property is refinanced or sold. The IRS now understands the concept that bad things happen to good people, as this program was developed to help home owners that have a history of paying their taxes on time and in full, but have found themselves in a predicament because of the current economy.
Another great program from the Internal Revenue Service is the Mortgage Forgiveness Debt Relief Act, which was enacted in 2007. This act only applied to primary residences, but it makes home owners exempt from paying taxes on “forgiven debt.” Now this is especially important as most home owners that need to sell in today’s market will have to do a short sale and if they cant sell, then they will end up in foreclosure. Either one of these cases will present the home owner with a significant amount of forgiven debt, in excess of $100,000. Most home owners that are in this situation are not even use to paying taxes on anywhere near this amount, but more closer to 30,000 – 40,000. So a short sale or foreclosure could create significant debt for home owners, but not anymore, thanks to the Mortgage Forgiveness Debt Relief Act. I do recommend that you speak to your tax advisor, as everyone situation is different.
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