Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
If you default in this mortgage, the lender can get a deficiency judgment for the balance of the loan after the property is sold at foreclosure. This judgment can be used to garnish wages and bank accounts, and to place liens on other property (house, car, etc.). If the lender gets a deficiency judgment, there is no 1099-C issued (because the debt was not forgiven).
If the lender did issue a 1099-C, you would have to include the forgiven debt as taxable income only to the extent that you were solvent at the time of the sale. (Solvent means total assets - including the value of the property - were greater than total debts - including the mortgage.
You may be able to file a Bankruptcy to eliminate both possibilities.
I think this is what you wanted to know. If not, please let me know.Thank you!
Kinda what I wanted to know. I guess the debate is whether the bank pursuing a deficiency judgment is likely going to really pursue. My wife says she's heard with amounts as small as ours ($30K deficiency), no way will they come after us. My worst nightmare is walking way, taking the credit hit, AND having the deficiency judgment bite us in the butt. If that's almost a certainty, I'd rather just fire sale the land right now, finance the deficiency with a 401K loan, and move on w/o killing the credit.
Correct me if I'm wrong, but I don't think bankrupsy is an option fo me. I have a decent house, good income, cars, not a lot of other debt. But, the $1500/month for this property puts me and my wife down in the catagory of not having much at all left over each month and we have 4 kids will college coming up, etc.
I know you don't have a crystal ball, but if I thought the chances of Colorado pursuing me for the deficiency was extremely small, I might consider risking it. I have a $4200 tax bill due shortly and if I'm walking away, I'm just going to ignore it and start not paying the note.
If the bank does not think it worthwhile pursuing a judgment for $30K, they can - and probably will - sell the right to pursue the judgment to a collection agency. Once they finish adding late fees, interest, and legal fees, the amount owed will be closer to $40K, and this is the amount the collection agency will be able to collect.
Whats the diff between ignoring collections and ignoring the bank? I know a deficiency judgment gives them rights to garnish wages, etc. Can the collection agency do that as well?? Thanks for being patient.
If Bankruptcy is not feasible, I cannot give you my opinion regarding the best course for you, as doing so would be too close to providing legal advice, which we are not allowed to do. (We are only allowed to provide legal information.)
I do think, though, that you should consider the possibility that the value of you land will go back up eventually.
You will get a credit hit, and will likely get a deficiency judgment if you default.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).