Foreclosure Article


The Mortgage Forgiveness Debt Relief Act

The Mortgage Forgiveness Debt Relief Act generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.  Restrictions and rules apply to the act. For example the debt forgiven must have taken place between 2007 through 2014. 

For more information about the Mortgage Forgiveness Debt Relief Act please visit the website of the Internal Revenue Service.


Comments:

QUESTIONS

  • we are currently listed as owner's to a mortgage but signed transfer of property- deed papers to an investor of whom we have been making monthly payments to. We have been informed by the mortgage that our payments have not been submitted and that we will soon be in foreclosure. What can we do? This investor promised to assume the mortage as well as the property but really only filed tranfer of property and continues to collect our money, of which has been steady each month.
  • I was served a special writ for foreclosure due to being behind on HOA dues. How long do I have to try to pay the amount owed? It states my redemption period is 6 months. Is this from data of sale? Or from date I was served? Also, how long do i have before it goes to auction?
  • If my spouse bought a home that is most likely going into foreclosure. I was not involved in any way for the purchase of this property nor am I on the title. I do however pay the mortgage on this property. If this goes to foreclosure, can the lender come after me for any reason?

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  • In 07-09-2012 my home was foreclosed and sold. because of lost job and bad health, I could not make payments. I had a 80/20 loan. I have read info on the Anti- Deficiency (ARS 33-814). My question is do I owe on the 20 percent lone? I have not heard from that lender?
  • The home I'm renting is about to be auctioned....will I have to leave immediately or do I have 30 or 90 days?
  • The home I'm renting (leased through August 2015) was foreclosed on and there's a new owner. Do I have to pay rent to the new owner if I'm leaving in 6 weeks? Or do they have to give me an eviction notice? The new owner is demanding rent, but she doesn't have the deed yet, just a proof of purchase receipt.
  • WHAT IS THE LAW THAT STOPS EVICTION BY BOTH THE NEW OWNER OF THE FORECLOSED EQUITABLE TITLE AND THE SERVICING BANK?
  • I have attempted to sell the property in AZ for a year and 6 months. Since 1/2 of this time was applied to a short sale I had 3 Realtors. I had a first mortgage and a second home equity. The second refuse to cooperate the last realtor pulled out my foreclosure is set for Nov. can the equity loan come after me for the money? Am I protected by the Anti deficiency Laws?
  • I live in a house at my parents on their both deceased and I want to file bankruptcy on the house I'm only the void foreclosure can I do this legally

STORIES

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FIND LEGAL HELP

  • Please select your county of residence below.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS

Documents

Horne Issues National Mortgage Settlement Consumer Alert to Arizonans ReadSpeaker

.pdf  AzMortgageResource.gov ReadSpeaker

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The Mortgage Forgiveness Debt Relief Act and Debt Cancellation

Horne Issues National Mortgage Settlement Consumer Alert to Arizonans

WHAT IF I RENT A HOUSE THAT'S IN FORECLOSURE - The Protecting Tenants at Foreclosure Act

FORECLOSURE DEFICIENCIES IN ARIZONA: Will I still owe money after a foreclosure?

Where can I find legal help with a foreclosure?

Will bankruptcy save my home from foreclosure?

Did you know the Arizona Attorney General’s Office has a wide range of statewide assistance programs funded through the national mortgage settlement that could benefit you or people you know?

Mortgage Reaffirmation Requirements Bogus

Renting a Foreclosure

Recovering Excess Proceeds After Foreclosure of Your Home

Veterans Facing Foreclosure

LINKS

Arizona Housing Information

HUD in Arizona

Federal Consumer Action Handbook Online

Arizona 2-1-1

Pima County Courts Self Service Center

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