Don’t Short Sell Your Upside Down House File for Bankruptcy

March 7th, 2010 by admin

With the terrible economy and housing sales in the tank, many people are trying to short sell their houses because they’re upside down on the mortgage. This is a bad idea unless you’re planning on filing bankruptcy. The reason being, a Chapter 7 bankruptcy discharges the underlying mortgage debt, as well as your personal obligation for yourself second mortgages, HELOCS, equity lines etc. This means that you don’t need to do a short sale to get out from underneath the crushing weight of an upside down mortgage. Usually, even though you file for bankruptcy, the lender still tries to issue a 1099C. This means that you will need to file a form 982 to avoid paying income taxes on the forgiven debt.

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