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**Update #3** - CLOSED today 12/20, SO HAPPY!!! Cautiously Optimistic

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CreditInspired
Community Leader
Super Contributor

Re: Cautiously Optimistic

OP

What is the exact name of the document the UW is asking for? Just saying additional proof doesn’t really explain what the UW wants specifically.

You said the taxes owed were due to the finances of a business. When you filed BK7, did you include personal income only? I only ask because if it happened to be payroll taxes, that couldn’t be included.

Just trying to figure out what exactly the hold up is. This is just a humble suggestion but for your own peace of mind you could give IRS a call to verify that you have no outstanding debt obligations to them. If they confirm, ask if that info could be faxed to your UW. I’m just brainstorming here.

And yes, almost all buyers go through this. Borrowing hundreds of thousands of dollars is a lot of money so a lender needs to dot all its eyes and cross all its tees.

GL2U

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Message 21 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic


@CreditInspired wrote:
OP

What is the exact name of the document the UW is asking for? Just saying additional proof doesn’t really explain what the UW wants specifically.

You said the taxes owed were due to the finances of a business. When you filed BK7, did you include personal income only? I only ask because if it happened to be payroll taxes, that couldn’t be included.

Just trying to figure out what exactly the hold up is. This is just a humble suggestion but for your own peace of mind you could give IRS a call to verify that you have no outstanding debt obligations to them. If they confirm, ask if that info could be faxed to your UW. I’m just brainstorming here.

And yes, almost all buyers go through this. Borrowing hundreds of thousands of dollars is a lot of money so a lender needs to dot all its eyes and cross all its tees.

GL2U

The underwriter has not given a specific form number or name.  He simply told the loan processor that, "the borrower must provide documentation that he does not owe any state or federal taxes after the tax liens were released".  This is verbatim from my loan processor. 

 

Regarding the taxes I claimed on my BK7, it was my personal income through the business, nothing related to payroll tax.

 

My loan processor told me that they have a loan status meeting this morning and after that meeting, he will update me on what, if anything, I need to try and provide to them.    

Message 22 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic

I still haven't been given an update on what I need to do to clear the final condition related to the taxes.  My LO had the meeting with the underwriting manager and he told me the UM would email him the solution.  But I have yet to hear what I need to do to clear this hurdle....or if anything else crazy might pop up.

 

I swear, I am on pins and needles here.  I am so afraid this is going to go sideways at the last minute.  Everyone says to remain calm and everything is still on track....and I get that......but it can derail at any moment.

 

Inspection is set for the 4th, which is about 3 weeks away.  New home orientation on the 11th and TLC meeting on the 19th.  Hopefully close the 20-21, so we can move in over Christmas weekend.  That's if everything goes right and according to plan.       

Message 23 of 52
JVille
Valued Contributor

Re: Cautiously Optimistic

DO you have a CPA that was involved with the Tax Issues and is familiar with your BK and the specifics of the State & Federal taxes you wrote off vs your current tax situation?

A letter and info provided by a CPA would provide what the UW is looking for.
As another poster wrote earlier, I am also surprised that you had the ability to wipe out Taxes to the Feds thru a BK Action. Including the Tax liens in the BK does not = IRS going along with that action. Possibly this is what is going thru the UW mind.
Message 24 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic


@JVille wrote:
DO you have a CPA that was involved with the Tax Issues and is familiar with your BK and the specifics of the State & Federal taxes you wrote off vs your current tax situation?

A letter and info provided by a CPA would provide what the UW is looking for.
As another poster wrote earlier, I am also surprised that you had the ability to wipe out Taxes to the Feds thru a BK Action. Including the Tax liens in the BK does not = IRS going along with that action. Possibly this is what is going thru the UW mind.

I did not have a CPA that handled my personal taxes.  Any taxes associated with the business I ran, were not included.  This was my own personal tax liability, as a result of the income genertated through the business.

 

The tax liability was wiped out through the BK.  The tax liens came after the BK, for the tax amounts I was able to wipe out through the BK.  My BK attorney essentially told me, even though the tax libility itself was wiped out, the IRS could still attach to my assets for the value of the taxes I wiped out.  Trust me, this boggled my mind too.   I did not own any real estate or significant assets at the time.  Fast forward from around 2012 (which is around the time the tax liens appears in my mailbox) until today, I guess the IRS decided that they could not attach the liens to anything or collect anything of significant value and just released them all, within the last couple of years.

 

I am not so much worried about the tax debt being the issue, as I am........that, I gave the UW the lien releases....but the lien releases, which are the real proof that the tax liability is no longer attacheable or collectable....does not appear to be enough to satisfy them.

 

I'm just very stressed and not sure what else I can do, other than just...wait and see what may be asked of me, beyond what I have already done and provided.  The silver lining is, at least I will eventually know what needs to be taken care of, if anything.

Message 25 of 52
JVille
Valued Contributor

Re: Cautiously Optimistic

Underwriting (and I Was an Underwriter) is thinking the same thing I am. Tax debt does not go away simply because you “wished” it away in the BK. UW wants a letter with a current date from IRS that you have no past due Tax Liens or Judgements. Do you Currently have a Tax Accountant? So can me puzzled!
Message 26 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic


@JVille wrote:
Underwriting (and I Was an Underwriter) is thinking the same thing I am. Tax debt does not go away simply because you “wished” it away in the BK. UW wants a letter with a current date from IRS that you have no past due Tax Liens or Judgements. Do you Currently have a Tax Accountant? So can me puzzled!

My LO has ordered an account check from the IRS, to let them know what my current, if any, balance is with them.  The tax liens I did have, ALL have lien releases, which I have in my possession and have already provided to the UW.  No judgments of record, that I am aware of.  I do not have a tax accountant, because I no longer own a business and I handle all of my own personal taxes.  I have not had tax issues in at least 8 years.  All of the tax issues I had, stemmed form my failed business venture.  I am hoping once the acocunt check comes back, it will show the UW what he/she wants to see, so that things can move forward.  This seems to be the only sticking point......but I do understand it is a very big deal and needs to be fully investigated and satisfactorily dealt with.

Message 27 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic

**UPDATE**

 

I spoke with my LO today.  All clear on IRS side of things.  He said that this satisfies the UW manager so, should be smooth sailing from here to closing.

 

Trying not to get too excited but.....sounds pretty promising to me!

 

Hoping to close the week before Christmas.  The house will be completed by the end of November.  Talk about a potentially sweet Christmas present!!!  :-)

Message 28 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic

Spoke to my loan processor this morning.  Shooting for closing date of 12/20 or 12/21.  My LP is pulling a 60 day account check on 12/16 and forwarding to UW.  Crossing my fingers to close the week Christmas.  The house is looking amazing.  We cannot wait!  

Message 29 of 52
Anonymous
Not applicable

Re: Cautiously Optimistic

Closing date/time is set for 12/20 @ 10:30 a.m. EST.

 

My LP says all conditions continue to remain cleared.  He is pulling a final account check on 12/17 to verify funds to close are present, forwarding account check to the UW and then, according to my LP, we "should" sail right into closing on the 20th.

 

We had our new home orientation yesterday.  Everything went well and we will also have a final pre close meeting with the construction manager set for 12/19.

 

Getting antsy and excited! 

 

Best. Christmas. Ever.

Message 30 of 52
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