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Avoid Tax Consequence of Foreclosure or Shot Sale

Many people are unaware that when their home is sold at foreclosure or in a short sale, Banks will issue them a 1099 for any deficiency the Bank incurred as a result of the sale. For example, if you owed $200,000 on your home, and it sold for $125,000 in a foreclosure or short sale, then the Bank will have lost $75,000. That is a $75,000 deficiency.

In Arizona, the bank cannot pursue a homeowner for this deficiency, so long as the home was their primary residence. Consequently, the federal government views the $75,000, that must be forgiven, as taxable income to the homeowner. So even though a homeowner may have escaped the debt that the Bank could not recover through the sale, the homeowner must face the tax consequences of the benefit from avoiding that debt. A bankruptcy eliminates both the underlying debt/deficiency and the tax consequences.

If you do not wish to pursue Bankruptcy and end up with a 1099 on the amount of your deficiency, my law firm may be able to help you eliminate the 1099. For free information on how to avoid the 1099 consequences without a bankruptcy, just follow this link on avoiding deficiency tax consequences on your primary residence.