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By now you are probably telling yourself, having an investment property is not as easy as you thought. To make matters worse, your property is now underwater and it shifted from an Asset to a Liability. It is a liability because you may be dealing with negative cash flow, accruing repair costs, vacancy, and most importantly, it is underwater meaning you owe more on the home than it is worth. Let’s explore some options.

No Credit Ding Options

• Option #1 – Ride It Out

If you have sufficient income to support your investment property, you can ride the market out in hopes of selling it at a higher price point.

• Option #2 – Improve The Property

You can improve the property by getting a fresh coat of paint or getting landscaping work done. However, this is very risky and rarely works in these types of situations.

• Option #3 – Lease Option Sale

This is an option where you can negotiate a lease option with your tenant/buyer. This way, the tenant can improve their credit, increase their savings, and eventually purchase the property.

• Option #4 – Pay The Difference

You can sell the property and pay the difference in the amount owed and the amount you can sell it for. Some ways you can pay this difference are, out of pocket or if you have other investment properties, you can borrow the difference amount against your other rental property.

Credit Ding Options

• Option #5 – Foreclosure

If your bank does not accept your hardship letter and short sale request, you can default on your payments and allow the bank to repossess your home. This last resort option will hurt your bank(s) and yourself. This option can leave you vulnerable to a deficiency judgment(s) depending on whether your state is a recourse or non-recourse state. For more information, read my previous article here.

In this situation, your credit score will receive an 85-160 (varies upon situation) point reduction and you will have a foreclosure stamped on your credit report. With a foreclosure, you will not be able to obtain another mortgage for at least a few years or typically, a 7 year period.

• Option #6 – Short Sale

This has been the most popular option for investors. If you can show legitimate hardship or foreseeable hardship, your bank may allow you to short sale where you can sell your property for less than what is owed, avoid foreclosure and walk away from the property with little to no remaining debt. The key is to find a pro negotiator in your area who is well connected with banks and can negotiate the deficient amount despite having other assets.

This is preferable by banks and the short sale is translated on your credit report as “paid for less than original amount.” You will be able to obtain another mortgage in some cases immediately or on average, 24 months.

Tax implications

One of the most important factors when walking away from your investment property whether it is via short sale or foreclosure, are the subsequent tax implications. The IRS deems the forgiven amount (deficiency) as “taxable income” unless it is your primary residence in which you would be able to exclude the income through the mortgage forgiveness debt relief act.

If however you are able to show insolvency where your total liabilities exceed your total assets or if the debt was discharged in a Title 11 bankruptcy, you can exclude the forgiven amount regardless of it being a second home.

Short selling your rental property with little liability is difficult to do if you do not have an experienced agent who is well connected with banks. Our agents have been VERY successful in getting our investors out of their bad investment situations. If you are in Washington State, connect with our experts today to discuss your best option for your situation.

Hope this helps

Peter