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Price Of A Short Sale

REM # F763

By Ilyce R. Glink

Summary: A ThinkGlink reader bought a new home that she can no longer afford. Even worse, the home is not worth what she paid for it. Ilyce gives this reader advice about short sales.

Q: I am in a very bad situation. I bought my house eighteen months ago for $358,000. Now, similar homes in the area are selling only for $345,000.
 

I tried to sell the property but I’d have to come up with almost $30,000 to close, and that’s money I just don’t have. I can't afford the payments anymore, and yet, if I don’t sell the property or figure out a way to come up with the payments, I’m going to be forced not to pay them.

I want to try to convince my lender to do a short sale. Can I do that before being late on my payments? Help!

A: You’re in an incredibly difficult situation. From where I sit, you only have two options at the moment, neither of them particularly pleasant: You can either get a part-time second job to help increase your income (so that your payments are affordable), or you can sell your home and find a way to get $30,000 in order to pay off the lender.

You can ask the lender to do a short sale. If you don’t have any other assets, the lender may agree to it, but that will bring up another unpleasant subject: income taxes.

What you may not realize is that the IRS treats a short sale as income to the borrower. So if you owe $350,000 on your loan, but sell your home for $330,000, you owe $20,000 to the lender. If the lender accepts the lesser amount (known as a short sale), the IRS will see the missing $20,000 as “phantom” income. You’ll then owe income taxes on the phantom income.

I know this seems unfair, so I hope you can figure a way out of this problem. Please talk to a good real estate attorney about how short sales work and whether this is truly a good option for you at this time.

Good luck.

NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.

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Ilyce
Ilyce

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