Mortgage Foreclosure and Cancelation of Debt

At McCauley Law Offices, we understand the financial challenges and complexities that individuals face during the foreclosure process. Our dedicated team of tax attorneys is well-versed in the intricacies of mortgage foreclosure and the potential tax consequences associated with the cancellation of debt. We are here to provide comprehensive guidance and help you navigate through this difficult situation.

Taxable Event 

Foreclosure or short sale typically involves the cancellation of debt, which the IRS considers a taxable event. It is important to understand that the cancellation of debt may result in significant taxable income. However, certain exemptions exist to alleviate the tax burden associated with foreclosure.

Mortgage Forgiveness Debt Relief Act

Congress passed the Mortgage Forgiveness Debt Relief Act in 2007 to address the tax implications of canceled mortgage debt. This exemption applies to debt incurred for the purchase, construction, or improvement of your principal residence, secured by the home, and up to $1 million ($2 million for joint filers) in mortgage debt. Please note that this exemption was scheduled to expire at the end of 2012. 

Potential Tax Consequences

It is crucial to recognize that investment properties, second homes, and vacation homes are not covered by the exemption mentioned above. Foreclosure or short sale of these properties can lead to substantial tax liabilities. Our experienced tax attorneys can provide detailed counsel on the various tax advantages and disadvantages associated with foreclosure or short sale.

Take Action to Minimize Tax Consequences

If you are facing the loss of a property and want to minimize the potential tax consequences, it is essential to consult with a knowledgeable tax attorney. At McCauley Law Offices, we are committed to providing comprehensive and personalized counsel tailored to your specific situation. Our expertise in tax law ensures that you receive accurate guidance and effective strategies to mitigate potential tax issues related to foreclosure.

Don’t let the complexities of mortgage foreclosure and cancellation of debt burden you further. 

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When a taxpayer faced the daunting consequences of neglecting to report a 1099-C on their personal tax return following a foreclosure on their primary residence, they received a CP2000 letter from the IRS, demanding an additional assessment of almost $200,000 in taxes and penalties. Recognizing the urgency, the taxpayer turned to our office for help. After a meticulous review of the taxpayer’s records, we discovered a viable solution through the Mortgage Forgiveness Debt Relief Act. We skillfully contested the tax assessment with the IRS, successfully relieving the taxpayer of the burden of debt for that specific year.