Tag Archives: Mortgage Debt Relief Act

Just before Christmas, President Barack Obama signed into law H.B. 5771, known as the Tax Increase Prevention Act of 2014, which retroactively extended 55 tax provisions – including one that provides distressed homeowners relief on forgiven mortgage debt. The bill ...

The U.S. Senate passed a bill on Tuesday night that retroactively extends 55 tax provisions, among which are allowing deductions for mortgage insurance premium interest and tax relief on forgiven mortgage debt. The tax provisions covered by the bill, known as the Tax Increase Prevention Act of 2014, expired on December 31, 2013. The bill provides for a retroactive one-year extension which expires on December 30 of this year and would be effective for those filing 2014 returns next year.

For homeowners who may have faced a foreclosure or obtained a modification in 2012, there may be free tax advice available through a NeighborWorks America organization. NeighborWorks announced several of its organizations provide free tax preparation services for low- and moderate-income clients.

YouWalkAway.com, a foreclosure agency, conducted a survey of its clients and revealed 78 percent of those who responded said they were walking away from their primary residence. In addition, at least 74 percent of all respondents would be eligible for tax relief through the Mortgage Debt Relief Act of 2007. The Mortgage Debt Relief Act allows forgiven debt through a short sale, loan modification, or foreclosure to be excluded as taxable income. ""Had this law not been extended, it could have brought a drastic halt to short sales and had a devastating effect on underwater homeowners,"" said Chad Ruyle, YouWalkAway.com co-founder.

Although short sales continue to be utilized more and more as an alternative to foreclosure, RealtyTrac suggested the trend may change if the Mortgage Debt Relief Act of 2007 does not get extended. According to RealtyTrac's Q3 foreclosure and short sales report, short sales increased quarterly and yearly by 15 percent and 17 percent, respectively. ""However, the scheduled expiration of the Mortgage Forgiveness Debt Relief Act at the end of this year could stifle this trend toward short sales,"" said Daren Blomquist, VP of RealtyTrac. Pre-foreclosure sales--properties in default or scheduled for auction--were also up in Q3 and increased by 22 percent both quarterly and yearly.

Clear Capital released a new market report Tuesday, tracking home prices through the end of November. Nationally, quarterly price gains were cut by more than half compared to readings from the month before. For November, home prices edged up just 1 percent. Even with fewer fair market sellers listing their homes, Clear Capital says REO sales held steady at 18.4 percent of total sales--a level that will put minimial pressure on home prices should it hold through the winter months.

The Center for Responsible Lending, a nonprofit group dedicated to protecting consumers from predatory lending practices, and the Financial Services Roundtable, a group of representatives from the nation's largest financial institutions, have come together to ask Congress to extend the Mortgage Forgiveness Debt Relief Act, which will otherwise expire at the end of this year. The two groups argue that if lawmakers fail to act, it will make it difficult for struggling homeowners to accept short sale, and even loan modification, offers.

A foreclosure agency says borrowers may be encouraged to strategically default because they expect housing policies won't change over the next four years. In a survey of YouWalkAway.com customers, 47 percent said they believe the Obama administration had no effect on the foreclosure crisis. Due to the perception that housing issues are not a priority for the current administration, YouWalkAway says underwater homeowners who were previously undecided about strategically defaulting are choosing to do so given the election results.

A foreclosure prevention agency found that the pending expiration of the Mortgage Debt Relief Act of 200 is prompting struggling homeowners to strategically default on their loan. YouWalkAway.com conducted a national survey and found 34 percent of respondents indicated that the act, which is set to expire December 31, 2012, contributed to their decision to walk away sooner rather than later from their property. The Mortgage Debt Relief Act releases homeowners from the obligation of paying taxes on mortgage debt forgiven from a short sale, foreclosure or modification.