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Question

I will be relocating to Southern CA permanently and am in need of advice of options to pursue regarding my condo in Walnut Creek, CA.

Monthly condo expense is $2K (Mortgage is 30 yr fixed at 5.75% or $1283/mo., balance is $192K and value is ~$222K per the bank. HOA is $320/month, insurance is $200/yr and property tax is $3K/yr.)
If I attempt to rent out the unit (1BR), the maximum monthly rent I would be able to receive is $1100 (with at least $4K in upgrades - new carpet, insulation, new air conditioner, ceiling fan and painting). Including a monthly property mgmt fee of $100, I would have to contribute a minimum of $1K/mo.

Given that I don’t plan on returning to Northern CA, rather than rent out the place, I’m now thinking more about short sale / deed in lieu of foreclosure. I would need to list the property for 90 days before my bank is willing to discuss deed in lieu of foreclosure. I am current on my payments and have temporary free housing in Southern CA until I can separ

Submitted: 150 days and 23 hours ago.
Category: Tax
Value: $45
Status: CLOSED
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Posted by Merlo 150 days and 23 hours ago.

Info Request

Hello cindy,

Once you move to Southern, CA, will you still be working or what will your income situation be at that point?

How much income do you think you will have and from what sources?

Is there a reason you think you cannot sell your condo for the market value or at least what you owe on the loan?

150 days and 22 hours ago.

Reply

Hi Merlo,

 

I will be making $53K/yr . You make a good point about selling. There is a unit listed for $199K in my complex and it's fully upgraded with a new kitchen, replacement windows/sliding door and tiled flooring. The other unit that sold was a HUD foreclosure asking price was $185K (not sure how much it finally sold for). Because I haven't made any upgrades, I didn't think I could get $192K. I haven't tried to list the place, and maybe I should at least attempt it?

 

Thank you,

Cindy

Posted by Merlo 150 days and 20 hours ago.

Answer

Hello again cindy,

If your income will be $53,000 per year, I am not certain that turning this condo in to a rental unit will really be much of an advantage to you.

Basically there are two reasons that people usually invest in rental properties. First is the obvious reason of wanting to have another source of income. Second, many taxpayers use this the write-offs available on a rental property to reduce their taxable income.

In your particular case, if you anticipate your rental income would be around $1,100 per month, you are still in a negative cash flow situation if it is costing you $2,000 a month to keep up the payments on the mortgage, insurance and taxes. And when looking at this as a possible tax write off, you would possibly have $12,000 a year to write off against your other income. In your particular income bracket, this would save you approximately $2,300 per year in federal tax and perhaps another $1,100 per year in CA state tax. So while you might be saving $4,400 in tax, at the same time you are still paying out $2,000 a month, with only $1,100 coming in for rent. So from my perspective, turning this in to a rental at this time does not seem to be financially sound.

If I were you, I would consider putting your condo on the market. It sounds like even if you spent the money for upgrades, you might not get much more than what you currently owe on it. That being the case, you may just want to list it as it is right now, and see what happens.

If it ends up that your condo goes through a foreclosure or short sale, now would be the time to do it. Normally when you have a property that goes through foreclosure or short sale, you are liable for the amount of the loan which was forgiven. However, due to the current mortgage crisis, Congress passed the Mortgage Forgiveness Relief Act which allows taxpayers who go through foreclosure or short sale in the years 2007 thru 2011 to exlude any forgiven loan from being taxable income. So you would end up just walking away from this without any further obligations.

If this was helpful please press the Accept button. Positive feedback is also appeciated.

Thank you cindy, and let me know if you have more questions.

150 days and 20 hours ago.

Reply

Merlo,

 

Could I ask just one followup question ...

 

If my bank says they need to see that the property has been on the market for 90 days before they entertain any discussions of a deed in lieu of foreclosure. Do you think it's worth paying for the 3 months. I just wasn't sure if the bank would still be willing to consider the deed-in-lieu of foreclosure if I'm delinquent.

 

Thank you,

Cindy

Accepted Answer

Hello again Cindy,

From your perspective, whether you do the deed-in-lieu or the foreclosure, it has the same effect. You still end up walking away from the loan with no tax consequences. So if that is what you decide to do, then I would just let the bank foreclose on the property and not worry about making any more payments.

If this was helpful please press the Accept button. Positive feedback is also appeciated.

Thank you cindy, and let me know if you have more questions.

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 6/24/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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