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Debt Collection: Who Does the Mortgage Forgiveness Act Protect?

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Back To Foreclosure Defense Video Help Page

Most people who go through foreclosure aren’t thinking about debt collection tax consequences, such as when they get a deal from their lender where the lender cancels or forgives the money that they owed. They’re just happy to be getting out of trouble. Yet it is still possible for the IRS to tax them on all that money that they did not have to pay.

Basically, the argument is that if the bank is forgiving your debt of, say, $200,000 because you can not meet your mortgage payments, that money is essentially income and you should have to report that money on a Form 1099-C (Cancellation of Debt). Ouch.

Luckily there’s the Mortgage Forgiveness Act of 2007. It offers certain debt collection protections to people, but only in certain specific situations. Do you qualify? An experienced foreclosure defense lawyer who is familiar with your specific situation can tell you for sure, but there are general rules.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)
.

Debt Collection: Requirements for the Mortgage Forgiveness Act

General criteria that you have to meet to qualify for the Mortgage Forgiveness Act include:

The money you owed was used to buy or improve your primary residence. If the bank forgives debt in a foreclosure, the IRS won’t tax you on it as long as this act is in place because they are “using” that debt to buy your home. Likewise, you can restructure or refinance your mortgage, and any debt that is written off will not be taxable so long as you can show that you are using the “saved” money to buy the property or build upgrades.

The money owed is under $2 million. The Act allows up to $2 million in forgiven debt to avoid taxes. Or, if you are married but filing separately, you won’t be taxed on up to $1 million.

Debt Collection: What Doesn’t Qualify

Paying off other debt. If you refinance to pay off other debt (car loans, student loans, credit cards), the IRS will count your forgiven debt as taxable income.

Non-primary residences. If you don’t count the property as your primary residence, it is not covered under this act. That means that things like vacation houses, business property, rentals, and second homes don’t count. You will be taxed.

Not sure exactly where your property falls? Contact a knowledgeable foreclosure defense attorney today and make sure that you don’t end up on the wrong side of debt collection.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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Roy P.
Mar. 2024
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Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
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I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
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I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
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Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

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