Hope everyone had a productive week so far. I didnt see anyone start a thread and ask so I was curious what everyones thoughts were on the releif act ending this year?

Any trends, adjustments you guys thinking about?

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I think it will probably get extended, but I'm not telling anyone to count on it.  We are faaaar from being through this mess.

http://www.housingwire.com/2012/01/09/35000-hamp-trials-transfer-to...

Many more failed loan mods a coming.

Most people doing short sales are insolvent anyway.  They need to check with their accountant prior to going forward.

Being that we are in an Election period. Someone will use that to their advantage and extend it. But who knows. 

So let's say for a minute it doesn't get extended what adjustments (if any) would you guys make?

That is why you need to tell them to make sure they go over everything with the person that does their taxes every year.

I believe it will be extended..but most of my sellers are insolvent.  they do not consult tax persons or attorneys because they cannot afford them, heck, I end up paying for heat in some cases to hold the house warm until closing!   Which brings me to a question I have kicked around. I have sent given sellers referrals to a couple of attornies..and found them to be more confused when they come back to me.  I now believe I have two attornies who actually understand short sales, and are not out to recruit bankruptcy clients.  If my client cannot afford to see an attorney or accountant, what if I were to have our firm pay for a  counseling session with one or the other? Just a thought.

Victoria- In Florida as a Realtor we do not dispense legal or financial advise.  I always advise my short sellers to consult an attorney or financial adviser (accountant), for legal or tax advise.  

yes, I do too..but often they cannot afford it.  I have them sign off that they have been advised to do so.  Some attornies offer free consulation, but in my experience those first consults tell them nothing except come back for a paid visit!  I am thinking of offering a local attorney/accountant  a retainer to do a consulation with sellers who have  committed to the process. It may be a 1/2 hour consult for someone destitute, an hour with sellers who still have assets...i would pay for the first consult..

 

some of these people may have 100k or so in a 401k. 401k's count. if they are upside down say by 60k, then 40k would be taxable.

I don not trust this congress to do anything so I am not counting on the relief being extended. If it is, I will be delighted! If it isn't I think we will see more foreclosures.

Thoughts to ponder..... What if you took a Short Sale Listing that had a Foreclosure Sale Date in 2012, but because of the inherit delays involved with Short Sales it 'may' not close until after the Mortgage Forgiveness Act had expired?

my guess is that it goes by closing date of home. my short sale agreement was in december of 2010 but it closed in january and my 1099c is going to be for 2011. 

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