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I have received a offer for 75000 on my condo and I have a250000

 
MShore's Avatar
  • Answered by:MShore
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Customer Question

I have received a offer for 75000 on my condo and I have a250000 morgage with PMI I am concerned about receiving a 1099 Is there a way to avoid this?

 

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State/Country of Question: Florida

Already Tried:
O have a 250000 mogagae om a condo with PMI I have received a 75000 short sell offer which I will need to submit to the lender thru my real estate broker, I am concerned of my tax problems if I receive a 1099 for the difference and if there is a way to avoid this outcome

Submitted: 1021 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  MShore replied 1021 days and 9 hours ago.

Unfortunately not. This is entirely up to the bank as to whether to file the 1099, but because not filing negatively impacts their ability to write down the debt for their own taxes, it is likely they will file.

Customer replied 1021 days and 9 hours ago.

does the fact that there is PMI on the loan help ,

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Expert:  MShore replied 1021 days and 9 hours ago.

No, unless the PMI picks up the difference between the sale price and the mortgage due. IF so, then no 1099 should be filed.

Customer replied 1021 days and 9 hours ago.

If the property was forclosed instead of a short sale would that eliminate the problem?

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Expert:  MShore replied 1021 days and 9 hours ago.

No it would not.

Customer replied 1021 days and 8 hours ago.

Can I require the cancellation of the debt by the lender as a condition of the sale on the short form application ?

Accepted Answer

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Expert:  MShore replied 1021 days and 8 hours ago.

You can try, but the bank is unlikely to accept it. The bank is under no obligation cancel the debt.

Expert TypeAttorney
Pos. Feedback: 98.1 %
Accepts: 17768
Answered: 8/5/2009

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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