Legal Question in Real Estate Law in Florida

On a short sale transaction, if the Lender approves the sale, and forgives the remaining balance on the loan,does the IRS treat the difference as a gift,subjecting the owner to a tax liability?


Asked on 6/06/10, 7:26 am

1 Answer from Attorneys

Lesly Longa Longa Law P.A.

A short sale is when the bank agrees to let someone sell their house for less the amount owed on the mortgage. If the bank provides a full deficiency waiver for the difference between the amount of the mortgage and the amount of the sale, then the bank will issue a 1099 because the forgiven debt may be considered income to you. Unless you receive a full deficiency waiver, the bank may be able to pursue you for the difference. Homeowners should make sure they will not be responsible for the deficiency or have to sign a promissory note. If you need legal advice, consult with an attorney who can advise you of your options before you make a decision. Regards,

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Answered on 6/07/10, 7:33 am


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