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Yestac wrote:

We have a 2nd mortgage that was dischagred in bankruptcy.  Now the lender has offered a settlement that is considerably less than what is owed.  What I'm wondering is how the settlement will affect our credit.  The offer letter says that they will report it as "settled for less than owed." Since it was discharged, though, can it even be reported?  Any advice would be helpful!

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I was in this very same position a few months ago.  I was advised by my attorney, that if I wanted to keep the home - to not reaffirm the mortgage - and settle the second one.  Note, I was current on my first and delinquent on the second - so technically they 'could' foreclose on me based on that - settling the second drops the likelyhood considerably.  I only owed 17.5 on my second and settled for $1,250.00 - note, you're in the drivers seat, counter their offer with one even lower.  You should be able to get out of it really cheap as any money they pull from you is all gravy as you're free and clear based on the BK.  

As far as the language.  It will stay IIB, regardless of what they say it will report as - once it's IIB, it stays IIB.  I had that same stipulation with mine and my language has not changed at all.

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grassfeeder wrote:

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Yestac wrote:

We have a 2nd mortgage that was dischagred in bankruptcy.  Now the lender has offered a settlement that is considerably less than what is owed.  What I'm wondering is how the settlement will affect our credit.  The offer letter says that they will report it as "settled for less than owed." Since it was discharged, though, can it even be reported?  Any advice would be helpful!

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I was in this very same position a few months ago.  I was advised by my attorney, that if I wanted to keep the home - to not reaffirm the mortgage - and settle the second one.  Note, I was current on my first and delinquent on the second - so technically they 'could' foreclose on me based on that - settling the second drops the likelyhood considerably.  I only owed 17.5 on my second and settled for $1,250.00 - note, you're in the drivers seat, counter their offer with one even lower.  You should be able to get out of it really cheap as any money they pull from you is all gravy as you're free and clear based on the BK.  

 

As far as the language.  It will stay IIB, regardless of what they say it will report as - once it's IIB, it stays IIB.  I had that same stipulation with mine and my language has not changed at all.

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Thanks for the info!  I just can't seem to get a straight answer from anyone, so this was  big help!  With the 2nd being discharged and then settled, what were the tax implications?  I've been told that since it was dishcarged, we don't have to count the "difference" as income.  Is that what you've been told?

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Yestac wrote:

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grassfeeder wrote:

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Yestac wrote:

We have a 2nd mortgage that was dischagred in bankruptcy.  Now the lender has offered a settlement that is considerably less than what is owed.  What I'm wondering is how the settlement will affect our credit.  The offer letter says that they will report it as "settled for less than owed." Since it was discharged, though, can it even be reported?  Any advice would be helpful!

---

I was in this very same position a few months ago.  I was advised by my attorney, that if I wanted to keep the home - to not reaffirm the mortgage - and settle the second one.  Note, I was current on my first and delinquent on the second - so technically they 'could' foreclose on me based on that - settling the second drops the likelyhood considerably.  I only owed 17.5 on my second and settled for $1,250.00 - note, you're in the drivers seat, counter their offer with one even lower.  You should be able to get out of it really cheap as any money they pull from you is all gravy as you're free and clear based on the BK.  

 

As far as the language.  It will stay IIB, regardless of what they say it will report as - once it's IIB, it stays IIB.  I had that same stipulation with mine and my language has not changed at all.

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Thanks for the info!  I just can't seem to get a straight answer from anyone, so this was  big help!  With the 2nd being discharged and then settled, what were the tax implications?  I've been told that since it was dishcarged, we don't have to count the "difference" as income.  Is that what you've been told?

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I've heard the same things......we'll see what happens in the next month when I file my return.

Look at form 982 at IRS dot gov -

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StartingOver10 wrote:

Look at form 982 at IRS dot gov -

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I've seen that, but I'm not sure how it relates to a debt that dischrged years ago. 

The debt was discharged in Bankruptcy.  Now if you settle the second to extinguish the remaining security interest, since the debt was already discharged you had no financial obligation, so  there is no cancellation of debt to give rise to a taxable event.

If the lender insists on issuing a 1099, fill out a form 982 showing that in fact you made a voluntary partial payment on a discharged debt.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012 Gardening since 10/6/2012

Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 4/2/2011 EQ 682 1/14/2011 TU 665
Current Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Goal Score: EQ 700 TU 700
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Thanks so much for the information.  I had some basic grasp, but this outlined it perfectly for me.  Thank you so much for your expertise!