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Article Date:
April 2012

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How Tax Law Treats the Foreclosure or Short Sale of Your Principal Residence

by Walter Wetterman, Attorney at Law


Tax Consequences and How Tax Law Kicks You When You’re Down


To begin, this article is limited to the disposition of your principal residence.


We hope you are reading this before negotiating a short sale of the home or, even worse, facing a foreclosure sale. Both the short sale and the foreclosure bring into play three tax traps:


Cancellation-of-debt income


Reduction in basis and tax attributes


Capital gains


Before getting to the traps, let’s review some basic terms that you need to know.


Basic Terms


Short sale. A “short sale” is the sale of real estate at a price that is less than (“short of”) the balance due to the mortgage lender.


Foreclosure. A “foreclosure” is a proceeding brought by a mortgage lender ... Log in to view full article.

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