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Collecting Foreclosure Debt

by nick a
(Davison, MI)

I purchased my first home in Sept. 2005,I was only making $14 dollars an hour and bought a $111,000 home. Six mo. after purchasing we got hours and pay cuts at work and couldn't afford my payments,so it got foreclosed in oct. of 2007.

They sold the home about 8 mo.later for $44,000. Now they are keeping my taxes for the difference,which is about $78,000.

Is this legal? What can I do? It's not my fault they sold it so cheap!

Comments for
Collecting Foreclosure Debt

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Jun 16, 2010
 clarification
by: Gerri & Mary

The people keeping my taxes are USDA rural development. I received a letter from IRS that because I owe this debt they are keeping my taxes on their behalf to pay it off.- Nick

Nick, We assume you received a government guaranteed Rural Development loan and then lost the home to foreclosure. We aren't familiar with the post-foreclosure procedures for these types of loans, however, we can tell you that with other types of government guaranteed loans (such as some student loans and SBA loans), tax refunds can often be intercepted if you default.

Our best advice is for you to arrange
a free consultation with a bankruptcy attorney to find out what you can do about this debt. We would be very interested in learning what you find out from the attorney. It may help someone else in a similar situation.
Jun 14, 2010
 re foreclosure debt
by: nick a

The people keeping my taxes are USDA rural development. I received a letter from IRS that because I owe this debt they are keeping my taxes on their behalf to pay it off.
Jun 13, 2010
 tax debt problem
by: Gerri & Mary

Nick,

We are not sure we fully understand your question. Who is keeping your taxes? Is that the IRS?

If this home was your principal residence, then you likely would not have to pay taxes on the canceled debt under the Mortgage Debt Relief Act of 2007. That law 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.

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). However, you must report it on Form 982 and this form must be attached to your tax return.

If you did not fill out this form and you believe you qualify for this relief, I would recommend you consult a tax professional who can help you clear this up.



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