The Coming Tax Nightmare Over Forgiven Mortgage Debt in California

Feb 24th, 2010  
by IrvineRenter  in News

Astute Observations

Astute Observation by Planet Reality
2010-02-24 07:39 AM

This is yet another reason debtors will accept loan mods with a zero coupon government backed bond.

They get to live in the home at or below rental parity, fixed for 30 years, and they get to call themselves home owners.

There is little to debate, when you take it the next mile.

Astute Observation by Chuck Ponzi
2010-02-24 08:52 AM

Uh…  This is a nothingburger if you get it “forgiven”.

http://www.irs.gov/individuals/article/0,,id=179414,00.html

Just one more reason for people to pursue foreclosure/bankruptcy rather than short sales.  Debt is not by law discharged in short sales.

the Mortgage Debt Forgiveness Act of 2007 basically gets rid of it until 2012.  By then, the rapture will save everyone or we’ll have descended into the mad max abyss.

Extend and pretend.

Astute Observation by Chuck Ponzi
2010-02-24 08:54 AM

Of course, HELOCs are a double-whammy.  They are not discharged in Foreclosure, and are taxable if forgiven.

That’s the real monster in the closet.  Many, many people “bought” a house with a 80/20Heloc. in 2003-2007.

Chuck

Astute Observation by Planet Reality
2010-02-24 09:08 AM

The beauty of it all, no matter which path is chosen, the tax payer foots the bill as the private profits are realized.

Astute Observation by Kirk
2010-02-24 02:14 PM

Yeah, but some of those taxpayers should pay taxes on their ill-gotten gains. Let’s not forget that these people locked out honest people from the housing market and then borrowed tax dollars from the honest people to bailout the country that was in the toilet because of their greed. I say tax the hell out of these people. They’d just blow that money anyway.

Astute Observation by Planet Reality
2010-02-24 03:16 PM

I agree, and it’s nice in theory but we all know they will never pay.  When they don’t pay, guess who does?  The honest people that’s who, c’est la vie.

Astute Observation by Kirk
2010-02-24 07:17 PM

I don’t know that. The FTB is pretty good about garnishing wages and seizing property and accounts. The bankrupt won’t pay, and that’s fine, but those who made out on walking away will eventually pay.

Astute Observation by priced_out
2010-02-24 07:50 PM

I’m with Kirk.  The HELOC abusers who were spending free money in 2005 ought to pay tax the way the rest of us renters were paying tax on our income.  HELOC abusers share just as much of the blame for this mess as the banksters.  Neither group should not be bailed out.

Astute Observation by OC HouseSitter
2010-02-24 06:17 PM

Hey—IR and crew—- can you help clarify something for me on this California “phantom income” tax issue?

A bit of this still seems a bit confusing, at least in the wording on the CA Tax Franchise Board’s website…..

Here’s what I’m un-able to quite grasp…..for someone going through Foreclosure in California right now:

If someone originally took out an Interest-only Purchase-Money loan for a home, and it was intended to be their Primary Residence, and they actually DID live in it for over 5 years….and they DIDN’T take out a HELOC, AND they didn’t Re-finance, ever—- is it the case that they WON’T get income-taxed by California on any kind of phantom debt after they go through foreclosure on their upside-down house?

A 1099-C won’t cause California Phantom-Tax for these people?

I understand that the Mortgage Debt Forgiveness Act of 2007 wipes out any FEDERAL Income Tax that they would have to pay on “Phantom Income”, at least through 2012….but does the “Non-Recourse” Purchase-Money-for-a-Principal-Residence Status of the loan, in effect, protect them from California income taxes?

I guess I’m getting hung up on the significance of the wording in the CA Tax Franchise Board’s document, where it states “If the home is the taxpayer’s principal residence, where they have lived for at least two of the past five years, the gain may be eligible for the gain exclusion on the sale of a principal residence. If the foreclosure results in a loss, the loss may not be taken since it resulted from the sale of a principal residence.”

So—- long and short—- for someone who bought a house to live in during the bubble years, yet was OTHERWISE responsible (catch my bitter irony here) in that they never HELOC’d or Re-financed—- will they owe California any phantom income tax after their upside-down home is foreclosed on? Or does their small amount of responsible restraint grant them a status of Calfornia phantom-income-tax forgiveness / immunity?

Thanks IR and Community!!!

-Mike T.

Astute Observation by no tax expert
2010-02-24 07:11 PM

I’m no tax expert but the statement “... If the foreclosure results in a loss, the loss may not be taken since it resulted from the sale of a principal residence” - may mean that one may not deduct the loss from his/her income if they itemized. This is different than having or not having to pay tax on forgiven debt which the Fed Act of 2007 addressed.

Astute Observation by lowrydr310
2010-02-24 08:40 AM

Resale Home Price ... $699,900 (2010)
Home Purchase Price … $205,000 (1998)

What was different in 1998? How much lower were incomes in 1998? How much higher were interest rates in 1998?

According to the Consumer Price Index, what cost $699,900 in 2008 would have cost $532,000 in 1998. (sorry - no data beyond 2008) I don’t have time to do a complete comparison, but I’d love to see the monthly cost of this home in 1998 at 1998 interest rates compared, then adjusted for inflation to see how it compares to the current monthly cost

I’m not going to claim that prices are going back to 1998 levels, BUT what was so different then versus now? It’s obvious that home prices were significantly lower back in 1998. Does Irvine have more jobs now than in 1998? If houses are such great investments all the time, why weren’t people snatching these up by the dozens back in 1998?

Astute Observation by wheresthebeef
2010-02-24 09:36 AM

I was going to ask the same thing. 

Let’s see 1998.  Clinton was president, the stock market was booming, this thing called the internet was really catching on and some terrorist group named Al Quaeda was stirring up trouble.

If the seller gets the asking price here…that is almost 3.5x what they paid for it just 12 years ago.  No housing bubble here, nothing to see…just keeping moving along folks.

Astute Observation by Planet Reality
2010-02-24 09:40 AM

Hindsight is always 20 / 20, we would all like a time machine to buy Apple stock in the 80s.

However these are excellent questions.  Look to the top 20% who have seen their income go up 3 X with global expansion and look to government fiscal policy for your answers.

Astute Observation by Chris
2010-02-25 05:05 AM

Buying AAPL in early 80s is too early. Try buying it when Dell said that Apple should fold and give the shareholders’ equity back to the shareholders.

Astute Observation by Walter
2010-02-24 10:12 AM

Income were a little lower, interest rates were significantly higher and the gov and banks were not conspiring to hold back inventory. For the finishing touch, we now have the first time buyer credit.

Add it up and to get today’s prices. Pull the fed pushing down rates, houses getting released to the market and lose the credit, wait 6 months for things to work in, and then lets see where prices are. Until these things change, high prices are what we have to look forward to.

And who said the Making Homes More Expensive (MHME) programs are not working?

Astute Observation by IrvineRenter
2010-02-24 10:39 AM

“Pull the fed pushing down rates, houses getting released to the market and lose the credit, wait 6 months for things to work in, and then lets see where prices are.”

It think the fall 2010 and winter 2011 should be very interesting because your circumstances will be realized.

Astute Observation by Jeremy Hellier
2010-02-24 09:58 AM

I drove by this house the other day. It basically backs to Culver and is in a somewhat run-down cul-de-sac.

Astute Observation by Walter
2010-02-24 10:16 AM

Buts its only $700,000 dollars and in Irvine. Should be gone in days.

At least I hope for them it is. If the gov does let the Making Homes More Expensive (MHME) programs run out (we shall see), these homes might not fly off the rack so fast.

Astute Observation by Woodbury Renter
2010-02-24 10:09 AM

foresight would be to start shorting Apple stock now…

IR, truly inspired song choice today…as soon as I saw Bluejay Way I immediately flashed to the Beatles and was very pleasantly surprised to see the Magical Mystery Tour theme today.  I spent 45 minutes clicking through the other videos.

Can’t believe McCartney is playing the Hollywood Bowl next month at age 67.

Knock another $100k off this Woodbridge house and I’d be tempted to take a serious look.

Astute Observation by Lucky Victim
2010-02-24 10:17 AM

Great information.  I had also previously thought that people foreclosing was an easy way out.  They will just be hanging and ripening up for the IRS.

Astute Observation by SoOCOwner
2010-02-24 10:30 AM

Again, we have to ask ourselves “what did they do with the HELOC money?”  They certainly didn’t spend it on upgrades to their property.

Astute Observation by Planet Reality
2010-02-24 11:22 AM

How else were they supposed to pay for:

inflated college tuition for their children
inflated autombile prices
inflated medical expenses

You didn’t expect them to pay for these with their income did you?

Astute Observation by TO Renter
2010-02-24 11:56 AM

A little of the money went to luxury items, but the lion’s share went to buying other houses on speculation.

This will undoubtably have a multiplier effect on housing market problem especially this year.

Another poopular money pit for HELOC was home businesses that resembled hobbies.

I was working a real job and paying real OC rent during the whole circus. At least I can feel smarter nowadays wink

Astute Observation by AZDavidPhx
2010-02-24 11:13 AM

.

Astute Observation by lowrydr310
2010-02-24 12:52 PM

What, no 26” spinners on that Escalade? That’s $10K saved.

Astute Observation by 3 Cheers for WS
2010-02-24 12:26 PM

Lots of news today.
1.  Interest rate to be kept low.
2.  New Home/house sale hit low in Jan.
3.  CNBC realty check with Diana Olick, the mortage walkaway number.  Really funny comment on FL RE.

Looks like the govt. will be keeping up the Ponzi scheme to let the banksters milk every dollar out of the taxpayer.

Will CA taxes be aligned with Fed Income tax forgiven on principle residence debt forgiveness?  Will CA go after those who leave the state and what recourse will CA tax francise board have in other states?  Can’t squeeze blood from a stone.

Only $350 per sq. ft!!!!!!!!  Buy before you’re priced out of the market!!!!!!!!!!!!  Interest rates will never be this low!!!!!!!!!!!!!!  RE talk for I want a commis.

Still makes sense to own a home with nothing or negative down.  Just don’t pay the mortgage and taxes for 2 years.  Free rent.  It will be close to the elections, so another FC mortorium might go into effect for pre-election show of great policies are taking effect by theFC rate going down right before the elections.  Unless GW wants to get rid of BHO and replace him with a new tool.

Astute Observation by AZDavidPhx
2010-02-24 05:11 PM

New House Sales Plummet

Looks like the gimmicks are running out of gas.

What’s next?  Putting toddlers into mortgages?

Astute Observation by priced_out
2010-02-24 07:57 PM

Why not saddle our next generation with a mountain of debt in their own name?  We’ve already saddled them with a mountain of debt in our name that we’ll skip out on by dying…

Astute Observation by Housing and rates
2010-02-24 12:39 PM

Fed’s next move to hit housing, mortgage rates:

“........... Dean Baker, co-director of the Center for Economic and Policy Research, argues that the Fed’s program and tax credit for home buyers “ended the free fall in home prices.”

But he thinks that the removal of this support could mean that home prices could start to drop by as much as 1% a month again. He also thinks mortgage rates could climb by as much as a percentage point in the coming months….”

http://finance.yahoo.com/news/Feds-next-move-to-hit-housing-cnnm-2557770392.html?x=0

This COULD be interesting.

Astute Observation by wheresthebeef
2010-02-24 01:47 PM

It’s a pretty sad state of affairs when the housing market can’t function with 6% interest rates.

Only a matter of time before it all hits the fan.  All these jokers were wrong in the past, what makes you think the outcome will be different this time.

Astute Observation by Sue in Irvine
2010-02-24 01:47 PM

Latest listings has a $17,500,000 house in Shady Canyon. 26 Grey Owl.

Astute Observation by jimfromJaxFla
2010-02-24 03:27 PM

Guys, Guys, your not going to believe this article…
Housing Shortage by 2011…
forget the KoolAid, pass the Crack !!!

Working for Big American Builder and management sent this to us today…

http://realestate.msn.com/article.aspx?cp-documentid=23505825

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