April 26th, 2009:

Vote on Modification May be This Week

A group of Senate Democrats, apparently opposed to passage of the “Helping Families Save their Homes in Bankruptcy Act of 2009,” are likely to push the bill to a vote this week on the Senate floor.

This is, unfortunately, bad news for those of us hoping to give bankruptcy judges the power to work out mortgage modifications and save homes.  There aren’t enough votes to pass the measure, by most accounts, and therefore pushing it to a vote will likely mean defeat.

There is talk of rewriting the bill to build a better consensus and get something passed to stem the foreclosure crisis.  We will just have to wait and see what those changes are, and hope the act continues to include a real solution such as granting authority to Bankruptcy judges to modify loans.

Foreclosure Discussion in Chico on April 30

A discussion of foreclosures and possible alternatives will take place at the Chico Council Chambers on Thursday evening, April 30 at 6:00 pm.  This is a free event open to anyone interested.

The program is being sponsored by the Butte County Bar Association and Legal Services of Northern California.

A panel of three professionals, knowledgeable about foreclosures will lead the discussion.  present will be Greg Woods, foreclosure officer with Mid-Valley Title Company, Les Lobos, foreclosure specialist with Chico Housing and Credit Counseling Center and Douglas B. Jacobs, bankruptcy attorney.

Anyone concerned about keeping their home or about foreclosure rights and remedies is encouraged to attend.

If My Mortgage Is Modified Will I Have To Pay Tax On The “Forgiven” Amount?

Generally, the IRS will assess a tax on debt you owed that was “forgiven.” This includes mortgage payments that have been modified or have been eliminated by short sale or foreclosure.

But in 2007, Congress passed the “Mortgage Forgiveness Debt Relief Act of 2007.”  That law says that should all or part of your first mortgage go away, you won’t have to pay tax on the amount that is gone.  This is the case for loans eliminated or reduced through foreclosure, short sale or modification.

There are limits on the regulation, however: it only applies to loans used to buy, build or improve a principal residence and only if the home is worth less than $1,000,000 (twice that for a couple filing jointly).

Additionally, the act was set to expire this year but has been extended through 2012.