The letter attached to this site title "non-deficiency letter" and the one I just received from BofA states the deficiency will be waived. But in the next sentence it says, BAC home loans will report debt as "settled as less than owed" and issue a 1099 for the remaining balance. Why are they issuing a 1099 for the difference? if they've already said they've waived the deficiency, there would be a difference?  Isn't that what the 1099 is for, the deficiency amount? doesn't this open the door FOR a deficiency? Seems hypocritical? I'm confused and the tax preparer for the my client isn't helping them understand this. My client is eligible for HAMP money and it's purchase money, however, this "issuing a 1099" seems like a catch 22! Please help!

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I think it's best practice to tell your client's they could get both.  The only thing I tell my client's they are gaining by doing a Short Sale is AVOIDING Foreclosure and the amount of the 1099-C and deficiency judgment they might get if that occurs may be greater if the property is foreclosed upon.

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