[UCGal]

[quote=flu]

I guess my followup question would be

1)If said person just defaults, can the creditor go through the motions of forgiving this loan while at the same time opting out of wrecking the person’s credit at the same time?

2)And the rules around loan forgiveness in lieu of the current climate, I’m wondering if they are drastically different now versus before in which loan forgiveness was a taxable event.

Maybe I’m not being clear enough, but I was wondering if someone would shed some light where I’m going with this….

And the basis for this was….

http://www.irs.gov/individuals/article/0,,id=179414,00.html

Specifically:
“This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.
“[/quote]

As I read the link – debt forgiveness could only be non-taxable under the debt relief act IF it’s part of a restructuring or is a foreclosure.

So – if the borrower stops paying, the lendor (friend/family member) would need to draw up new terms (restructure) OR foreclose on them and take ownership of the house. Nothing saying they can’t let the defaulter still live there if they foreclose.

Also, nothing saying the terms of the restructured loan can’t be pretty nice ones…

The article also mentions “commercial” lenders… so I’m not sure of a ‘Bank of Dad’ type loan would fall under the provisions of the Debt Relief Act of 2007.

[UCGal]

[quote=flu]

I guess my followup question would be

1)If said person just defaults, can the creditor go through the motions of forgiving this loan while at the same time opting out of wrecking the person’s credit at the same time?

2)And the rules around loan forgiveness in lieu of the current climate, I’m wondering if they are drastically different now versus before in which loan forgiveness was a taxable event.

Maybe I’m not being clear enough, but I was wondering if someone would shed some light where I’m going with this….

And the basis for this was….

http://www.irs.gov/individuals/article/0,,id=179414,00.html

Specifically:
“This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.
“[/quote]

As I read the link – debt forgiveness could only be non-taxable under the debt relief act IF it’s part of a restructuring or is a foreclosure.

So – if the borrower stops paying, the lendor (friend/family member) would need to draw up new terms (restructure) OR foreclose on them and take ownership of the house. Nothing saying they can’t let the defaulter still live there if they foreclose.

Also, nothing saying the terms of the restructured loan can’t be pretty nice ones…

The article also mentions “commercial” lenders… so I’m not sure of a ‘Bank of Dad’ type loan would fall under the provisions of the Debt Relief Act of 2007.

[UCGal]

[quote=flu]

I guess my followup question would be

1)If said person just defaults, can the creditor go through the motions of forgiving this loan while at the same time opting out of wrecking the person’s credit at the same time?

2)And the rules around loan forgiveness in lieu of the current climate, I’m wondering if they are drastically different now versus before in which loan forgiveness was a taxable event.

Maybe I’m not being clear enough, but I was wondering if someone would shed some light where I’m going with this….

And the basis for this was….

http://www.irs.gov/individuals/article/0,,id=179414,00.html

Specifically:
“This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.
“[/quote]

As I read the link – debt forgiveness could only be non-taxable under the debt relief act IF it’s part of a restructuring or is a foreclosure.

So – if the borrower stops paying, the lendor (friend/family member) would need to draw up new terms (restructure) OR foreclose on them and take ownership of the house. Nothing saying they can’t let the defaulter still live there if they foreclose.

Also, nothing saying the terms of the restructured loan can’t be pretty nice ones…

The article also mentions “commercial” lenders… so I’m not sure of a ‘Bank of Dad’ type loan would fall under the provisions of the Debt Relief Act of 2007.

[UCGal]

Could be bandos… or could be renters. Not uncommon for defaulted owners to rent out and make money while not paying the bills.

[UCGal]

Could be bandos… or could be renters. Not uncommon for defaulted owners to rent out and make money while not paying the bills.

[UCGal]

Could be bandos… or could be renters. Not uncommon for defaulted owners to rent out and make money while not paying the bills.

[UCGal]

Could be bandos… or could be renters. Not uncommon for defaulted owners to rent out and make money while not paying the bills.

[UCGal]

Could be bandos… or could be renters. Not uncommon for defaulted owners to rent out and make money while not paying the bills.

[UCGal]

My first thought when I read this is
* I need to get a better/nicer/richer class of relatives or friends… 😉 The one big loan I took from my parents I had to pay back with fully amortizing interest and the grief/shame of missing a payment was worse than any collection agency… Bank of Dad was harsh!

* the second thought was that it was an estate planning tool. (Like Brian suggested and SDR slammed him for.)

* then I see flu was thinking the same thing.

[UCGal]

My first thought when I read this is
* I need to get a better/nicer/richer class of relatives or friends… 😉 The one big loan I took from my parents I had to pay back with fully amortizing interest and the grief/shame of missing a payment was worse than any collection agency… Bank of Dad was harsh!

* the second thought was that it was an estate planning tool. (Like Brian suggested and SDR slammed him for.)

* then I see flu was thinking the same thing.

[UCGal]

My first thought when I read this is
* I need to get a better/nicer/richer class of relatives or friends… 😉 The one big loan I took from my parents I had to pay back with fully amortizing interest and the grief/shame of missing a payment was worse than any collection agency… Bank of Dad was harsh!

* the second thought was that it was an estate planning tool. (Like Brian suggested and SDR slammed him for.)

* then I see flu was thinking the same thing.

[UCGal]

My first thought when I read this is
* I need to get a better/nicer/richer class of relatives or friends… 😉 The one big loan I took from my parents I had to pay back with fully amortizing interest and the grief/shame of missing a payment was worse than any collection agency… Bank of Dad was harsh!

* the second thought was that it was an estate planning tool. (Like Brian suggested and SDR slammed him for.)

* then I see flu was thinking the same thing.

[UCGal]

My first thought when I read this is
* I need to get a better/nicer/richer class of relatives or friends… 😉 The one big loan I took from my parents I had to pay back with fully amortizing interest and the grief/shame of missing a payment was worse than any collection agency… Bank of Dad was harsh!

* the second thought was that it was an estate planning tool. (Like Brian suggested and SDR slammed him for.)

* then I see flu was thinking the same thing.

[UCGal]

This isn’t news… I’ve seen articles about the MERS defense against foreclosure since at least 2007.

Look at Sulak, et al. v. Mortgage Electronic Registration Systems, Inc., et al. for the California law. The MERS defense is pretty useless in CA.

[UCGal]

This isn’t news… I’ve seen articles about the MERS defense against foreclosure since at least 2007.

Look at Sulak, et al. v. Mortgage Electronic Registration Systems, Inc., et al. for the California law. The MERS defense is pretty useless in CA.

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