- This topic has 15 replies, 3 voices, and was last updated 16 years, 4 months ago by SDnomore.
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December 4, 2007 at 5:46 PM #11078December 4, 2007 at 8:28 PM #109000patientlywaitingParticipant
If you didn’t refinance, you have nothing to worry about. Those loans are non recourse so debt cancellation is non taxable.
The IRS has an FAQ on that:
http://www.irs.gov/newsroom/article/0,,id=174034,00.html
December 4, 2007 at 8:28 PM #109104patientlywaitingParticipantIf you didn’t refinance, you have nothing to worry about. Those loans are non recourse so debt cancellation is non taxable.
The IRS has an FAQ on that:
http://www.irs.gov/newsroom/article/0,,id=174034,00.html
December 4, 2007 at 8:28 PM #109138patientlywaitingParticipantIf you didn’t refinance, you have nothing to worry about. Those loans are non recourse so debt cancellation is non taxable.
The IRS has an FAQ on that:
http://www.irs.gov/newsroom/article/0,,id=174034,00.html
December 4, 2007 at 8:28 PM #109147patientlywaitingParticipantIf you didn’t refinance, you have nothing to worry about. Those loans are non recourse so debt cancellation is non taxable.
The IRS has an FAQ on that:
http://www.irs.gov/newsroom/article/0,,id=174034,00.html
December 4, 2007 at 8:28 PM #109154patientlywaitingParticipantIf you didn’t refinance, you have nothing to worry about. Those loans are non recourse so debt cancellation is non taxable.
The IRS has an FAQ on that:
http://www.irs.gov/newsroom/article/0,,id=174034,00.html
December 4, 2007 at 8:31 PM #109010bubba99ParticipantYour question involves a couple of twists and turns.
The first part is the purchase was done with “80/20 from Wells Fargo with both loans starting as HELOC’s”. Both were purchase money and in California are non-recourse if never expanded by adding charges to the LOC or refinanced.
The 80% may be (probably is still) non recourse and is not taxable. The foreclosure is the remedy. In California, a company cannot take two bites of the apple. If they foreclose on a loan, that is their only remedy. Some people might say that because the first was a HELOC, it is always recourse, but that is not the case in California. There is no debt forgiveness on the first, because it is a contractual/legal remedy, not loan forgiveness.
The second (20%) because it was refinanced is no longer purchase money loan and is recourse. The collections part is because the bank can come after you for all or part of the second. Any part of the second they “forgive” is taxable as “loan forgiveness”.
The real question you should be asking is “What will I do if Wells Fargo goes all the way after the total second mortgage?” There your options are pay it, negotiate it, or file for bankruptcy. The tax on debt forgiveness is only an issue if Wells is in a good mood.
December 4, 2007 at 8:31 PM #109114bubba99ParticipantYour question involves a couple of twists and turns.
The first part is the purchase was done with “80/20 from Wells Fargo with both loans starting as HELOC’s”. Both were purchase money and in California are non-recourse if never expanded by adding charges to the LOC or refinanced.
The 80% may be (probably is still) non recourse and is not taxable. The foreclosure is the remedy. In California, a company cannot take two bites of the apple. If they foreclose on a loan, that is their only remedy. Some people might say that because the first was a HELOC, it is always recourse, but that is not the case in California. There is no debt forgiveness on the first, because it is a contractual/legal remedy, not loan forgiveness.
The second (20%) because it was refinanced is no longer purchase money loan and is recourse. The collections part is because the bank can come after you for all or part of the second. Any part of the second they “forgive” is taxable as “loan forgiveness”.
The real question you should be asking is “What will I do if Wells Fargo goes all the way after the total second mortgage?” There your options are pay it, negotiate it, or file for bankruptcy. The tax on debt forgiveness is only an issue if Wells is in a good mood.
December 4, 2007 at 8:31 PM #109148bubba99ParticipantYour question involves a couple of twists and turns.
The first part is the purchase was done with “80/20 from Wells Fargo with both loans starting as HELOC’s”. Both were purchase money and in California are non-recourse if never expanded by adding charges to the LOC or refinanced.
The 80% may be (probably is still) non recourse and is not taxable. The foreclosure is the remedy. In California, a company cannot take two bites of the apple. If they foreclose on a loan, that is their only remedy. Some people might say that because the first was a HELOC, it is always recourse, but that is not the case in California. There is no debt forgiveness on the first, because it is a contractual/legal remedy, not loan forgiveness.
The second (20%) because it was refinanced is no longer purchase money loan and is recourse. The collections part is because the bank can come after you for all or part of the second. Any part of the second they “forgive” is taxable as “loan forgiveness”.
The real question you should be asking is “What will I do if Wells Fargo goes all the way after the total second mortgage?” There your options are pay it, negotiate it, or file for bankruptcy. The tax on debt forgiveness is only an issue if Wells is in a good mood.
December 4, 2007 at 8:31 PM #109157bubba99ParticipantYour question involves a couple of twists and turns.
The first part is the purchase was done with “80/20 from Wells Fargo with both loans starting as HELOC’s”. Both were purchase money and in California are non-recourse if never expanded by adding charges to the LOC or refinanced.
The 80% may be (probably is still) non recourse and is not taxable. The foreclosure is the remedy. In California, a company cannot take two bites of the apple. If they foreclose on a loan, that is their only remedy. Some people might say that because the first was a HELOC, it is always recourse, but that is not the case in California. There is no debt forgiveness on the first, because it is a contractual/legal remedy, not loan forgiveness.
The second (20%) because it was refinanced is no longer purchase money loan and is recourse. The collections part is because the bank can come after you for all or part of the second. Any part of the second they “forgive” is taxable as “loan forgiveness”.
The real question you should be asking is “What will I do if Wells Fargo goes all the way after the total second mortgage?” There your options are pay it, negotiate it, or file for bankruptcy. The tax on debt forgiveness is only an issue if Wells is in a good mood.
December 4, 2007 at 8:31 PM #109164bubba99ParticipantYour question involves a couple of twists and turns.
The first part is the purchase was done with “80/20 from Wells Fargo with both loans starting as HELOC’s”. Both were purchase money and in California are non-recourse if never expanded by adding charges to the LOC or refinanced.
The 80% may be (probably is still) non recourse and is not taxable. The foreclosure is the remedy. In California, a company cannot take two bites of the apple. If they foreclose on a loan, that is their only remedy. Some people might say that because the first was a HELOC, it is always recourse, but that is not the case in California. There is no debt forgiveness on the first, because it is a contractual/legal remedy, not loan forgiveness.
The second (20%) because it was refinanced is no longer purchase money loan and is recourse. The collections part is because the bank can come after you for all or part of the second. Any part of the second they “forgive” is taxable as “loan forgiveness”.
The real question you should be asking is “What will I do if Wells Fargo goes all the way after the total second mortgage?” There your options are pay it, negotiate it, or file for bankruptcy. The tax on debt forgiveness is only an issue if Wells is in a good mood.
December 5, 2007 at 7:38 AM #109111SDnomoreParticipantI didn’t take out any money when I locked in the rate on the 20% loan. So would that make it a refinance and subsequently a recourse loan? Also, is there a chance Wells Fargo won’t go after it? I haven’t heard from them in months. What about the Mortgage Debt Forgivenes Act? Does that apply at all? Does it still need to be approved by the Senate?
December 5, 2007 at 7:38 AM #109222SDnomoreParticipantI didn’t take out any money when I locked in the rate on the 20% loan. So would that make it a refinance and subsequently a recourse loan? Also, is there a chance Wells Fargo won’t go after it? I haven’t heard from them in months. What about the Mortgage Debt Forgivenes Act? Does that apply at all? Does it still need to be approved by the Senate?
December 5, 2007 at 7:38 AM #109253SDnomoreParticipantI didn’t take out any money when I locked in the rate on the 20% loan. So would that make it a refinance and subsequently a recourse loan? Also, is there a chance Wells Fargo won’t go after it? I haven’t heard from them in months. What about the Mortgage Debt Forgivenes Act? Does that apply at all? Does it still need to be approved by the Senate?
December 5, 2007 at 7:38 AM #109261SDnomoreParticipantI didn’t take out any money when I locked in the rate on the 20% loan. So would that make it a refinance and subsequently a recourse loan? Also, is there a chance Wells Fargo won’t go after it? I haven’t heard from them in months. What about the Mortgage Debt Forgivenes Act? Does that apply at all? Does it still need to be approved by the Senate?
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