I have a owner who does not want to be 1099’d by the lender after a shortsale has been completed. She is asking to put a clause in the contract before she agrees to sell the property.
Is this going to be a problem with the lender (countrywide)?
thanks for all your help
That is non-negotiable with the lender. She will get 1099’d whether she short sales or forecloses. However, you may want to point out that there has been a change in the IRS law and any debt forgiven for a primary residence due to a short sale or foreclosure is no longer taxable for years, 2007 - 2009.
http://www.irs.gov/individuals/article/0,,id=179414,00.html
You can not negotiate out federal laws…this homeowner is an idiot. Deal Hunter is right, the law does allow some owners to avoid the 1099…if not, tell them to get a CPA to find out if they are “insolvent” before the sale is complete.
I don’t want to be 1099’ed!!! HAHHAHAAHA. Heck, I don’t want to pay taxes let me just tell my employer as condition of employment that I don’t want to file a w-2 with them.
LOL what a moron. :rolleyes