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1099-C second mortgage

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damnedanddetermined
Established Contributor

1099-C second mortgage

Ou homewas sold last August..regualar sale, no short sale or foreclosure....First mortgage was PIF, secong mortgage was a 1099-C (and was under morgage forgiveness act) so no taxes were due on it. Now, this was almost a year ago...can I still qualify for another mortgage? Also, on one of the CR it shows 1099-C, but next to that it says  "was a CO"....can that be removed because it actually wasnt.

Message 1 of 7
6 REPLIES 6
pipeguy
Senior Contributor

Re: 1099-C second mortgage


@damnedanddetermined wrote:

Ou homewas sold last August..regualar sale, no short sale or foreclosure....First mortgage was PIF, secong mortgage was a 1099-C (and was under morgage forgiveness act) so no taxes were due on it. Now, this was almost a year ago...can I still qualify for another mortgage? Also, on one of the CR it shows 1099-C, but next to that it says  "was a CO"....can that be removed because it actually wasnt.


I'm not sure what you mean by "forgiven" - if you didn't pay it and a 1099-C was issued the lender charged it off as uncollectible, The reason you didn't owe taxes is because Congress passed the as part of a 50 provision "EXTEND ACT" (Senate version) 50 different expiring tax issue at the very end of the last Congress including the Mortgage 1099-C tax extension providing an extension until December 31, 2014 on this deduction. You should have filled out on your taxes 1099-C Misc income and then "Mortgage write off 1099-C exception" which would equal the amount off to $0. 

 

The purpose of a 1099-C is to document a charged off debt as uncollectible (simple answer without the whats or ifs or but's). The fact that you didn't pay taxes on the 1099-C due to a mortgage exemption program - now expired unless Congress acts again on it this year - does NOT mean the second mortgage was actually paid in full. I can't say if this issue will prevent or delay you getting another mortgage, but it is a charge off on mortgage debt, so it's sure NOT going to help your chances or rates in the near term. 

 

Edit Add: HR 5771 Link to law: http://www.lis.gov/cgi-lis/bdquery/D?d113:1:./temp/~bdzOKm:@@@E&summ2=m&:dbs=nSmiley Indifferent/billsumm/billsumm.php...

 

Message 2 of 7
damnedanddetermined
Established Contributor

Re: 1099-C second mortgage

Closing attorney said debt is forgiven, 1099-C issued and CR states PIF

Message 3 of 7
pipeguy
Senior Contributor

Re: 1099-C second mortgage


@damnedanddetermined wrote:

Closing attorney said debt is forgiven, 1099-C issued and CR states PIF


Debt is "forgiven" so says the 1099-C, but that has nothing to do with the tax obligations per se (other than the source of the debt). I know we are talking about two different things, although related. #1 whether you owe the money,  #2 whether you have a tax obligation to the IRS.

Message 4 of 7
Anonymous
Not applicable

Re: 1099-C second mortgage

Right, that's why it's taxable as income. The forgiveiness is basically giving you money to offset the debt. That's why you're taxed on it. 

Message 5 of 7
damnedanddetermined
Established Contributor

Re: 1099-C second mortgage

Swampthing~ it was Mortgage Exemption...no tax owed

Message 6 of 7
damnedanddetermined
Established Contributor

Re: 1099-C second mortgage

Why would a 1099-C say PIF on CR?

Message 7 of 7
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