Matt Berkus

Archive for the ‘Mortgage Debt’ Category

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Can I Do a Deed In Lieu of Foreclosure During My Bankruptcy?

Sunday, March 27th, 2011

Question

Can I do a deed in lieu while my bankruptcy is pending?

Answer

First, let’s back up. A deed in lieu is a transaction whereby a homeowner signs over their home’s deed to their mortgage lender. A deed in lieu is a way for the homeowner to voluntarily surrender the house to the mortgage lender when the homeowner can no longer afford the home. However, there is a catch, the mortgage lender must agree to the deed in lieu; most of the time, the mortgage lender will not do so. There are various reasons why lenders do not accept deeds in lieu, but that topic is better served in a different post. The country is experiencing record foreclosures, not record deeds in lieu; that should give you some idea how rare it is for the bank to accept a deed in lieu. (more…)

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Tags: bankruptcy, deed in lieu, foreclosure
Posted in Mortgage Debt | Comments Off

Should I Settle With My Second Mortgage After Chapter 7 Bankruptcy?

Friday, March 25th, 2011

Question:

I received my discharge from Chapter 7 Bankruptcy on January 18 but did not reaffirm my 1st and 2nd mortgage; I am current on both mortgages at this time. The home is worth $120,000 (Zillow.com).The 1st Mortgage balance is $138,000 and the 2nd Mortgage is $54,400. What happens if I stop making payments on my 2nd mortgage and stay current on 1st mortgage? Will the 2nd mortgage settle for pennies by dollars? Can 2nd mortgage foreclosure if I stop make payments and the 1st is current? Could a Real State lawyer make the 2nd mortgage settle? What can I do to erase 2nd mortgage lien and keep the house? (more…)

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Tags: 2nd mortgage, bankruptcy attorney, bankruptcy discharge, chapter 7 bankruptcy, discharge, second mortgage, settlement
Posted in Mortgage Debt | Comments Off

Received a 1099-A After Foreclosure and Bankruptcy, Now What?

Wednesday, March 16th, 2011

If the property foreclosed is an investment property, you must at least address the 1099-A on your taxes. In these blog posts, I try avoid getting overly technical as readers eyes would glaze over. For a primary residence, a 1099-A is moot because there is no capital gains tax on disposition of a primary residence. For investment properties, it is a different story. So that is why I refer people to IRS Publication 544 and 4681. (more…)

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Tags: 1099-A, 1099-C, bankruptcy, foreclosure, forgiven debt, investment property
Posted in Mortgage Debt, Tax Debt | Comments Off

2nd Mortgage Discharged in Bankruptcy, Do I Pay Income Tax?

Friday, March 4th, 2011

Question:

I received a Chapter 7 bankruptcy discharge in March 2009 in which I surrendered my primary residence which had a 1st and 2nd mortgage. I ended up modifying my 1st mortgage through the HAMP program, which I am now more than 90 days current on my payments. The 2nd mortgage holder has sent me a letter asking to sign a Dodd-Frank form so I can be eligible to extinguish the debt, which could have tax consequences. I’m not sure if I should sign and send this form back, which I could pay ordinary income tax on the “forgiven” debt, or not send it back since the debt is discharged. This is so confusing! (more…)

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Tags: 1099-C, 2nd mortgage, bankruptcy, discharge, forgiven debt income, income tax on forgiven debt, second mortgage
Posted in Chapter 7 Bankruptcy, Mortgage Debt | Comments Off

SHOULD I Lien Strip My Second Mortgage in Chapter 13 Bankruptcy?

Sunday, February 27th, 2011

That question, “should I lien strip…” may sound odd at first glance; the answer is obviously yes if you are able. However, the question is not asking “can you”, but “should you.” I am challenging you to ask whether you should save your home using chapter 13 bankruptcy. I am fond of developing objective rules that cut through the emotion of financial crisis to make decision making easy; for example, one of the Berkus rules is that all things being equal, a person should file bankruptcy if her unsecured debt is 40% or more of her gross annual income.

The Berkus rules for whether you should save your house in Chapter 13 bankruptcy are as follows. (more…)

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Tags: 2nd mortgage lien strip, berkus rules, chapter 13 bankruptcy, lien strip, mortgage modification, second mortgage lien strip
Posted in Mortgage Debt, Real Estate | Comments Off

IRS Form 1099-A and 1099-C After Bankruptcy, What Do I Do?

Sunday, February 6th, 2011

I have written on this topic before (here), but with tax time approaching and 2010 being a near record year for bankruptcy and foreclosure, it is time to re-visit the tax reporting and implications related to mortgage debt after bankruptcy.

Let’s set the stage: you (the debtor) received a bankruptcy discharge in 2010 and as part of that process surrendered your home (allowed it to foreclose or short sold). The mortgage lender, following IRS guidelines, may send your 2 forms related to that event. (more…)

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Tags: 1099-A, 1099-C, 1099-C after bankruptcy., bankruptcy, cancellation of debt, debt forgiveness, IRS Form 982, mortgage deficiency, what to do with 1099-C
Posted in Mortgage Debt, Tax Debt | Comments Off

Deed in Lieu of Foreclosure vs. Foreclosure?

Tuesday, November 2nd, 2010

Question:

My Chapter 7 Bankruptcy was discharged in February, 2006.  My home mortgage was included and I did not reaffirm my mortgage.  I continued to live in the house and I am current on my monthly payments.  I would like to move into an apartment to lower my expenses.  I need advice on the pros and cons of asking the bank to accept a deed in lieu of foreclosure vs. just letting them foreclose on the property.  Will a foreclosure cause me problems with getting a loan on another house?  Thanks for your advice! (more…)

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Tags: bankruptcy, Berkus, deed in lieu, foreclosure, mortgage, mortgage lending guidelines, non-reaffirmed mortgage, reaffirmation agreement
Posted in Mortgage Debt, Real Estate | Comments Off

What Happens To A 2nd Mortgage Lien Strip If Chapter 13 Bankruptcy is Converted to Chapter 7?

Friday, September 17th, 2010

Question:

Can I convert a chapter 13 bankruptcy to a chapter 7 bankruptcy if I have a confirmed lien strip on the 2nd mortgage; or can the 2nd mortgage be reaffirmed? The condo is worth less then the 1st mortgage?

I am asking for a loan modification via HAMP and that has just be filed. I am late 7 months on the 1st mortgage.

Answer:

Yes, you may convert a chapter 13 bankruptcy to chapter 7 bankruptcy at any time. The real question appears to be, what will happen at that point? (more…)

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Tags: 2nd mortgage lien strip, bankruptcy, chapter 13 bankruptcy, chapter 13 lien strip, chapter 7 bankruptcy, lien strip, reaffirm, reaffirmation, second mortgage
Posted in Chapter 13 Bankruptcy, Mortgage Debt | Comments Off

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