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Mortgage
Loan Issues
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Typical
Mistakes with Mortgage Short Sales
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What
is a "Short Sale" of a Property?
A "short sale" is when the sale of a home or commercial real estate is
for less
than the total amount due on
the mortgage. For example, if a mortgage loan is $300,000 and the home
can only be sold for $250,000, the Seller must get permission from the
lender to sell the house. This is a "short sale" because the amout paid
to the mortgage lender is "short" or simply less than the balance due.
Without the acquiesence of the lender, the Seller cannot give the Buyer
clear title.
Bad
Advice before the Short Sale:
Homeowners do not just suddenly decide to try a short sale. Usually,
they have difficulty in making the monthly mortgage payments, as well
as thei other bills. Friends and other well-meaning but misguided
people give the home owner the following wrong advice:
- Run
up and use credit cards to pay the mortgage. The logic is since the
credit cards are not secure, they can be dealt with more easily. This
only works in banruptcy situations;
- Borrow
money from family members to pay
the mortgage. The idea is the "problem is only temporary" and they will
be paid right back. Truthfully, this is rare/ Usually, the problem is a
long term structural problem of toom musch debt to income and equity;
- Hardship
withdrawals from retirement accounts. This is particularly bad because
most retiremetn plans are protected from creditors and grow tax free.
The withdrawal is taxable income and there are big taxes and penalties
to be paid to the IRS and state governments.
- Payroll
Advances from employers. Now the homeowner is bringing the employer
into the mess. Suddenly, the employer now has to question the
employee's stability.
- Use
an unsecured loan or home equity lines to pay the mortgage.
This is just borrowing to pay for past borrowing leading the homeowner
into a spiraling decline.
What
Should You Do?
There are a few fundamental rules if you cannot pay your mortgage and
your household expenses:
- Don't
borrow from friends and family. If
you have to file for bankruptcy or do a short sale, you will be unable
to pay them;
- Do
not run up credit cards to pay the
mortgage. You will enter into a vicious cycle and never get
out
of debt;
- Never,
ever, ever withdraw from protected
sources such as IRAs and Retirement Accounts. These will be taxed as
income plus a 10% penalty. Further, since retirement accounts are
protected from creditors in most states, you are converting protected
money to unprotected money;
- Get
legal help right away!!
Call
Ronald J. Cappuccio
at (856)
665-2121 today!
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Ronald J. Cappuccio, J.D.,
LL.M.(Tax)
Counsellor
at Law
1800 Chapel Avenue West, Suite 128
Cherry Hill, NJ 08002 USA
Phone (856) 665-2121
Fax (856) 665-9005
Email:
Ron@TaxEsq.com
Client Private Access Website
©
Copyright
1996-2010 Ronald
J. Cappuccio, J.D., LL.M.(Tax) All
Rights Reserved
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