The lender is dragging their feet, what can I do?

I am an agent and I am helping someone short sell their house. X Lender (to remain unnamed) claims that they have sent a short sale package to the seller a couple of times.

But, they haven’t because my customer has never received anything. What can I do? They won’t start the short sale process until they receive the filled out package back from the seller. Katie.”

Here was our recommendation to Katie. </strong>Katie, you need to find out who owns the loan. Most likely it isn’t X Lender.

Then, tell the lender representative person that you will contact the loan owner direct and let them know about their incompetence.

As an example, we recently told a negotiator at a large nationwide lender that we would contact all the VFW posts about their incompetence on a VA short sale.

Their incompetence was causing the VA loan program to lose money. We threatened to tell America's Veterans how this lender was wasting their money.

We even put together a press release. What did that negotiator do? She got the short sale approved ASAP. This lender had been dragging their feet for almost two months before that.

We were able to get another large national lender to start working on an FHA file right away, when we reminded about a 5 day turnaround requirement that is in the FHA short sale guidelines.

The basis for contacting the loan owner is that you are holding the servicer accountable. Don't kid yourself, it works. The people who stand to lose money are going to be angry that the lenders do such a lousy job. Thinking about a short sale?

I can help you short sale your property and get back on your feet. Send me an e-mail at  phillis@txhomerealty.com or fill in the contact form to the right and I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (214) 650-5536

Thank you for reading my blog, it is for information only if you need legal advice please consult an attorney.

So Your Buying a Short Sale Property

Are you looking to buy a short sale? Before you make an offer, you need to check and see how competent the listing agent is at short sales.

The listing agent is the agent with the property for sale. They will usually be in charge of processing the short sale with the lender.

If the listing agent is a genuine short sale expert and knows what they are doing, then you have a very good chance of the short sale being approved and buying the home. I’ll show you how to separate the experts from the pretenders in this post.

If the agent is not a genuine short sale expert, then you are probably wasting your time. You should go find another home to buy.

First, ask them how many short sales they have successfully sold. If they have only sold 2-3 short sales, then the odds are not in your favor. You risk wasting months of time waiting for an answer on the short sale.

Next, ask them how many loans are on the property. If there is only 1 loan, then you know two things. First, they know what they are doing. Second, this is relatively simple short sale.

If there are two loans, then the property is still worth considering. However, if there are 3 or more loans, then you might want to look at another home. Short sales with 3 or more loans are very difficult.

The first mortgage won’t give enough money to the second and third position mortgages. The second and third position mortgages won’t release their lien without more money. At the end, everyone loses (that is another story for another day.)

Lastly, ask who the lenders are. If the lenders are Bank of America, or another notoriously bad lender at short sales, then you might want to avoid the property. However, a competent short sale agent can handle a Bank of America short sale with ease.

Thinking about a short sale? I can help you short sale your property so you can move on with your life. Send me an e-mail at phillis@txhomerealty.com or fill in the contact box I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (214) 650-5536

Discover how other sellers successfully completed a short sale and request a free consultation by filling in the contact box or call me at 214-65-5536.

Thanks for reading this, Phillis Nealy.

Phillis is a Real Estate Agent at The Texas Group Realtors. Dallas Short Sales Realtor:

Phone: (214) 650-5536.phillis@txhomerealty.com

A Realty company with Service as Big as Texas

View My homes for sale at http://www.txhomerealty.com%22%3ewww.txhomerealty.com/.

The Short Sale Process

The short sale process can vary, but it will generally work as follows:

1) The lender is contacted to discuss the possibility of a short sale and to determine the lender's process for completing the sale.


2) The seller issues a letter authorizing the release of personal information about the loan and the property to their agent who will submit this information to all entities that will be involved in the transaction.

3) The lender will review a settlement statement, which will indicate the proposed selling price, remaining loan balances and itemize all expenses, including real estate commissions and other fees and expenses associated with the closing.

4) The seller will complete a "hardship letter," which will detail and explain all financial difficulties. Lenders will want  a financial statement,bank statements, past 2 year taxes,paystubs, and other paperwork.

5) The lender will then  order an appraisal if the you feel the value is incorrect you can dispute the value and provide a comparable marketing analysis.

6) The lender will then review the purchase agreement to determine if all amounts are reasonable and the real estate commission is acceptable.

To get the lenders approval, first of all write a letter to him about your hardships, backing it up with substantial proof of your financial situation. The next step would be to place the offer.

Make sure to hire the right realtor this is vital in getting your short sale approved.

Once the lender approves, the deal is ready to move forward with the buyer performing at that time either obtaining financing or depositing a cash offer with the title company.

The accepted and approved amount by the lender will be used to satisfy the details of the offer, that is the things the lender has agreed to allow in the sale as long as it meets their bottom line.

Do not hire an agent who has no  experience in short sales. You must hire an experienced agent to have a successful short sale and minimize the frustration.

The  realtor commission is also included in the short sale transaction details that the lender agrees to so there is no out of pocket cost to you personally.


 I can help you short sale your property and never pay the bank another penny. Send me an e-mail at :phillis@txhomerealty.com or fill in my contact form to the right of this blog. I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (214) 650-5536


Thank you for reading my blog, Phillis Nealy.

Phillis is a Real Estate Agent at The Texas Group Realtors

Phone: (214) 650-5536. phillis@txhomerealty.com.

A Realty company with Service as Big as Texas

View My homes for sale at http://www.txhomerealty.com/

Phillis Nealy specializes in loan modification assistance and short sales in Dallas Texas. Dallas Loan Modification Help, Dallas Short Sales. Texas Short Sale Realtor Dallas TX Short Sales. Dallas Realtor.


Because most short sales are beneficial to a lender. If you accept our offer to help you on a short sale, your lender may not agree to a short sale or to modify your loan

However, the likelihood of negotiating a modification is like everything else in life. It takes work and .persistence to convince your lender to modify your loan. No matter what you or we do, your lender may not approve a loan modification.

If you stop paying your mortgage, then you could lose your home and damage your credit. Because we know avoiding foreclosure is so important to any homeowner, we recommend that you speak with the appropriate legal or tax advisor before making any decision.

This is not intended as legal, technical, or tax advice. Please speak with an attorney for legal advice.

You have the option to reject a short sale or loan modification from your lender if it does not meet your approval. If you decide not to go thru with the short sale, then you do not have to pay us our fee. We normally  make a real estate sales commission for helping you on a short sale.

This information on  Short Sales: is provided as a courtesy.

Mortgage Forgiveness Act and Debt Cancellation

If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable.

The Mortgage Debt Relief Act of 2007 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). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.

More information, including detailed examples can be found in Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Also see IRS news release IR-2008-17.

The following are the most commonly asked questions and answers about The Mortgage Forgiveness Debt Relief Act and debt cancellation:

What is Cancellation of Debt?If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds is normally reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Here’s a very simplified example. You borrow $10,000 and default on the loan after paying back $2,000. If the lender is unable to collect the remaining debt from you, there is a cancellation of debt of $8,000, which generally is taxable income to you.

Is Cancellation of Debt income always taxable?Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

• Qualified principal residence indebtedness: This is the exception created by the Mortgage Debt Relief Act of 2007 and applies to most homeowners.
• Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
• Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you. You are insolvent when your total debts are more than the fair market value of your total assets.
• Certain farm debts: If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.
• Non-recourse loans: A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral. That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income. However, it may result in other tax consequences.

These exceptions are discussed in detail in Publication 4681.

What is the Mortgage Forgiveness Debt Relief Act of 2007?
The Mortgage Forgiveness Debt Relief Act of 2007 was enacted on December 20, 2007 (see News Release IR-2008-17). Generally, the Act allows exclusion of income realized as a result of modification of the terms of the mortgage, or foreclosure on your principal residence.

What does exclusion of income mean?Normally, debt that is forgiven or cancelled by a lender must be included as income on your tax return and is taxable. But the Mortgage Forgiveness Debt Relief Act allows you to exclude certain cancelled debt on your principal residence from income. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

Does the Mortgage Forgiveness Debt Relief Act apply to all forgiven or cancelled debts?No. The Act applies only to forgiven or cancelled debt used to buy, build or substantially improve your principal residence, or to refinance debt incurred for those purposes. In addition, the debt must be secured by the home. This is known as qualified principal residence indebtedness. The maximum amount you can treat as qualified principal residence indebtedness is $2 million or $1 million if married filing
separately.

Does the Mortgage Forgiveness Debt Relief Act apply to debt incurred to refinance a home?
Debt used to refinance your home qualifies for this exclusion, but only to the extent that the principal balance of the old mortgage, immediately before the refinancing, would have qualified. For more information, including an example, see Publication 4681.

How long is this special relief in effect?It applies to qualified principal residence indebtedness forgiven in calendar years 2007 through 2012.

Is there a limit on the amount of forgiven qualified principal residence indebtedness that can be excluded from income?The maximum amount you can treat as qualified principal residence indebtedness is $2 million ($1 million if married filing separately for the tax year), at the time the loan was forgiven. If the balance was greater, see the instructions to Form 982 and the detailed example in Publication 4681.

If the forgiven debt is excluded from income, do I have to report it on my tax return?Yes. The amount of debt forgiven must be reported on Form 982 and this form must be attached to your tax return.

Do I have to complete the entire Form 982?No. Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Adjustment), is used for other purposes in addition to reporting the exclusion of forgiveness of qualified principal residence indebtedness. If you are using the form only to report the exclusion of forgiveness of qualified principal residence indebtedness as the result of foreclosure on your principal residence, you only need to complete lines 1e and 2. If you kept ownership of your home and modification of the terms of your mortgage resulted in the forgiveness of qualified principal residence indebtedness, complete lines 1e, 2, and 10b. Attach the Form 982 to your tax return.

Where can I get this form?If you use a computer to fill out your return, check your tax-preparation software. You can also download the form at IRS.gov, or call 1-800-829-3676. If you call to order, please allow 7-10 days for delivery.

How do I know or find out how much debt was forgiven?Your lender should send a Form 1099-C, Cancellation of Debt, by February 2, 2009. The amount of debt forgiven or cancelled will be shown in box 2. If this debt is all qualified principal residence indebtedness, the amount shown in box 2 will generally be the amount that you enter on lines 2 and 10b, if applicable, on Form 982.

Can I exclude debt forgiven on my second home, credit card or car loans?Not under this provision. Only cancelled debt used to buy, build or improve your principal residence or refinance debt incurred for those purposes qualifies for this exclusion. See Publication 4681 for further details.

If part of the forgiven debt doesn't qualify for exclusion from income under this provision, is it possible that it may qualify for exclusion under a different provision?Yes. The forgiven debt may qualify under the insolvency exclusion. Normally, you are not required to include forgiven debts in income to the extent that you are insolvent.  You are insolvent when your total liabilities exceed your total assets. The forgiven debt may also qualify for exclusion if the debt was discharged in a Title 11 bankruptcy proceeding or if the debt is qualified farm indebtedness or qualified real property business indebtedness. If you believe you qualify for any of these exceptions, see the instructions for Form 982. Publication 4681 discusses each of these exceptions and includes examples.

I lost money on the foreclosure of my home. Can I claim a loss on my tax return?No.  Losses from the sale or foreclosure of personal property are not deductible.

If I sold my home at a loss and the remaining loan is forgiven, does this constitute a cancellation of debt?Yes. To the extent that a loan from a lender is not fully satisfied and a lender cancels the unsatisfied debt, you have cancellation of indebtedness income. If the amount forgiven or canceled is $600 or more, the lender must generally issue Form 1099-C, Cancellation of Debt, showing the amount of debt canceled. However, you may be able to exclude part or all of this income if the debt was qualified principal residence indebtedness, you were insolvent immediately before the discharge, or if the debt was canceled in a title 11 bankruptcy case.  An exclusion is also available for the cancellation of certain nonbusiness debts of a qualified individual as a result of a disaster in a Midwestern disaster area.  See Form 982 for details.

If the remaining balance owed on my mortgage loan that I was personally liable for was canceled after my foreclosure, may I still exclude the canceled debt from income under the qualified principal residence exclusion, even though I no longer own my residence? Yes, as long as the canceled debt was qualified principal residence indebtedness. See Example 2 on page 13 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments.

Will I receive notification of cancellation of debt from my lender?Yes. Lenders are required to send Form 1099-C, Cancellation of Debt, when they cancel any debt of $600 or more. The amount cancelled will be in box 2 of the form.

What if I disagree with the amount in box 2?Contact your lender to work out any discrepancies and have the lender issue a corrected Form 1099-C.

How do I report the forgiveness of debt that is excluded from gross income?(1) Check the appropriate box under line 1 on Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) to indicate the type of discharge of indebtedness and enter the amount of the discharged debt excluded from gross income on line 2.  Any remaining canceled debt must be included as income on your tax return.

(2) File Form 982 with your tax return.

My student loan was cancelled; will this result in taxable income?In some cases, yes. Your student loan cancellation will not result in taxable income if you agreed to a loan provision requiring you to work in a certain profession for a specified period of time, and you fulfilled this obligation.

Are there other conditions I should know about to exclude the cancellation of student debt?Yes, your student loan must have been made by:

(a) the federal government, or a state or local government or subdivision;

(b) a tax-exempt public benefit corporation which has control of a state, county or municipal hospital where the employees are considered public employees; or

(c) a school which has a program to encourage students to work in underserved occupations or areas, and has an agreement with one of the above to fund the program, under the direction of a governmental unit or a charitable or educational organization.

Can I exclude cancellation of credit card debt?In some cases, yes. Nonbusiness credit card debt cancellation can be excluded from income if the cancellation occurred in a title 11 bankruptcy case, or to the extent you were insolvent just before the cancellation. See the examples in Publication 4681.

How do I know if I was insolvent?You are insolvent when your total debts exceed the total fair market value of all of your assets.  Assets include everything you own, e.g., your car, house, condominium, furniture, life insurance policies, stocks, other investments, or your pension and other retirement accounts.

How should I report the information and items needed to prove insolvency?Use Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) to exclude canceled debt from income to the extent you were insolvent immediately before the cancellation.  You were insolvent to the extent that your liabilities exceeded the fair market value of your assets immediately before the cancellation.

To claim this exclusion, you must attach Form 982 to your federal income tax return.  Check box 1b on Form 982, and, on line 2, include the smaller of the amount of the debt canceled or the amount by which you were insolvent immediately prior to the cancellation.  You must also reduce your tax attributes in Part II of Form 982.

My car was repossessed and I received a 1099-C; can I exclude this amount on my tax return?Only if the cancellation happened in a title 11 bankruptcy case, or to the extent you were insolvent just before the cancellation. See Publication 4681 for examples.

Are there any publications I can read for more information?
Yes.
(1) Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals) is new and addresses in a single document the tax consequences of cancellation of debt issues.

(2) See the IRS news release IR-2008-17 with additional questions and answers on IRS.gov.


This information was taken from the irs website and is intended for information only for legal advice please consult an attorney.

Thank you for reading my blog if you are hanging by a thread then call me The Texas Short Sale Queen at 214-650-5536 or fill in the contact box to the right and I will respond quickly.

Have You Been the Victom of a Scam?!!!!

Protect Yourself from Mortgage Fraud

Scam artists are stealing millions of dollars from distressed homeowners by promising immediate relief from foreclosure. Learn more about common schemes that are being used to defraud mortgage-holding homeowners.

Fannie Mae partners with lenders, law enforcement, nonprofits, and others to prevent or stop mortgage fraud schemes through prevention, education, and enforcements. Learn more about Fannie Mae's Mortgage Fraud Program on eFannieMae.com.

Beware of Foreclosure Rescue Scams – Help is Free!

If you receive an offer, information, or advice about how to get relief from foreclosure and it sounds too good to be true, it probably is.

You can get counseling from HUD-approved agencies for free. Don't let mortgage scam artists take advantage of you, your situation, your house, or your money.

How to Determine if You’re the Possible Victim of a Scam

To determine if you are a possible victim of a mortgage scam, ask yourself these questions:

1. Did anyone offer to help modify your mortgage, either directly or through advertising such as a flyer?


2. Were you guaranteed a loan modification or asked to do any of the following?
   • pay a fee
   • sign a contract
   • sign over title to your property
   • redirect mortgage payments
   • stop making loan payments

If the answer to either question is yes, then report the possible scam.

• Call 1-888-995-HOPE (4673), or

This information was taken from the Fannie Mae site and is provided as information only for legal advice please consult an attorney.

Thank you for reading my blog and if you are hanging by a thread call me, The Texas Short Sale Queen at 214-650-5536 or fill in the contact box on the right and I will respond quickly.

Why Should I Short Sale? Let Me Count The Whys

Why not  just let the bank have the property, I have been turned down for a loan modification and all of this is too much and very frustrating.

Short sales are worth the extra effort. They enable you to buy another home much faster than you would have to wait if you experience a foreclosure they cost you nothing. All the costs are included in the short sale transaction.  Although there are sometimes some extraordinary situations that could be out of pocket for a seller, but that is very few and far between.  I have not ever had a seller pay anything in a short sale transaction.

That is a legitimate concern. Here is why the lenders are willing to pay your agent. If they foreclose on the home, they will have to hire an agent to sell it.

The study results showed that a lender will make more on a short sale than a foreclosure. Oftentimes the difference is huge.I have seen some lenders lose hundreds of thousands of dollars. They turned down a short sale thinking the home would sell for more. 

In a short sale transaction you will also be released from the debt of the shortage and with the mortgage debt foregiveness and cancellation act you will also have no tax penalties in having to claim the shortage difference.  With a short sale you can buy another home in as little as two years.

I can help you short sale your property. Send me an email  phillis@txhomerealty.com. I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (214) 650-5536

Discover how other sellers successfully completed a short sale and request a free consultation by contacting me at 214-650-5536 or phillis@txhomerealty.com.

Thinking about a loan modification? We assist you at no cost contact us today.

 Thanks for reading this, Phillis Nealy.

Phillis is a Real Estate Agent at The Texas Group. Dallas Short Sales Realtor:

Phone: (214) 650-5536. phillis@txhomerealty.com.

A Realty company with Service as Big as Texas

View My homes for sale at http://www.txhomerealty.com/.

Phillis Nealy specializes in loan modification assistance and short sales in Dallas Texas. Dallas Loan Modification Help, Dallas Short Sales. Texas Short Sale Realtor , Short Sale Realtor. Dallas TX Short Sales. Dallas Realtor.

This information on Dallas Short Sales  is provided as a courtesy to our viewers to help them make informed decisions.