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Sell Your Homes >> We Buy Homes

Tuesday, July 08, 2008

Foreclosure can cause tax problems

Many investors and home buyers are excited about buying foreclosure properties, either for their own use or to make gains. Buying these homes that are behind on their taxes may apparently be a great way to save money but we should not lose sight of the risks involved. If a person defaults on taxes, the government has the right to seize these homes and put them up for sale. The IRS also seizes property for tax issues for sale. Those who are looking to buy foreclosure homes should understand that quite often the homeowner may not even know his home is for sale. The properties can be listed as foreclosures before the owner is notified that the house has been seized for tax purposes. This can cause a great deal of problems.

These homes can be very unsafe to buy and should be avoided unless you are a seasoned real estate investor experienced in buying foreclosure homes and know the intricacies of the business. Many home owners who are driven to opt for foreclosure because of tax arrears resort to what is known as a short sale. A short sale is when the lender will accept less than the full amount due on a mortgage when a property is sold. Many foreclosure homes that are sold for tax reasons are sold at auctions. Texas, Ohio, Florida, California and Virginia are well-known places for tax foreclosure auctions. Buying these properties from auctions can also be unsafe and you should have a fair degree of experience in buying foreclosure properties before you attend an auction.

With foreclosures at a record high, individuals need to be aware of the consequences of these foreclosures. Foreclosures can cause serious emotional and financial damage that can last for quite some time. A foreclosure will cause the title of a property to be transferred and a tax assessment will occur. If a homeowner has equity loans against the appreciation of the property and the loans are not repaid, it is considered profit taking. These types of loans can be taxed and the homeowner has to deal with any taxes that can be due on the profit. The majority of property owners don’t realize that they can cause a tax assessment when the home is lost in a foreclosure.

If you transfer title on your home, whether voluntarily or involuntarily through foreclosure, it is understood you have sold your home. You might be subject to taxes, even if you sold your home at a loss through foreclosure. It doesn't seem fair. What's worse is you might not even find out that you owe taxes until the day you open your mail to find the unwanted information. Financial analysts point out that the IRS has tax rules for foreclosures of homes of owners who have fallen behind on their mortgage payments. There can be severe and unexpected tax consequences for an owner who simply walks away because he or she has little or no equity and the lender takes over and sells the place.

Before you sell on a short sale or go through a foreclosure, seek legal and tax advice. Do tax planning ahead of time, before it is too late. An act called the Mortgage Forgiveness Debt Relief Act of 2007 has been introduced that provides relief from debt taxation for certain owner occupants for three years. Call your lawyer to determine if you are exempt from taxation.

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