Even if you have had a foreclosure, tax on a second mortgage or home equity loan is still deductible.
Yes, bankruptcy protect you from foreclosure by your mortgage company. You can read more at www.hirby.com/mortgage-lender-filing-for-bankruptcy
I got the impression that the mortgage company does the filing of the foreclosure in California and then takes the property and you just allow this to happen if you can't pay up. I don't think you have to file for a foreclosure.
After a foreclosure, the mortgage company or bank will send you a 1099-like form showing forgiveness of the balance due on the mortgage, including the costs of foreclosure. This is income to you and you will have to pay income taxes on that amount unless you file bankruptcy. You can also remove any unsecured debt that would otherwise make it harder to start over.
The bankruptcy law does not set a time limit for banks to foreclose on your home after filing bankruptcy. In fact, banks are prevented from foreclosing or continuing a foreclosure already in process upon the filing of a bankruptcy without first obtaining an order from the bankruptcy court allowing it to foreclose or continue a foreclosure already commenced.
A foreclosure or bankruptcy is never good for your credit, this is something you'd be better off discussing with an attorney. You can avoid foreclosure by filing bankruptcy.
Very few. If any of your mortgage costs are deductible as pre paid interest, (which hey generally aren't), they will be reflected as such on the interest statement the mortgage company provides. Closing fees etc are NOT expensable.
I think the best way to avoid foreclosure is to prevent the filing of a Notice of Default. Lenders do not want to foreclose but will file a Notice of Default to protect their interests, if necessary. If you know you are unlikely to meet your mortgage obligation, the first thing you should do is call your lender.
just as in any mortgage situation, the holder of the mortgage, once a default has ocurred, has the legal right to commence a foreclosure action in county court. an action to foreclose a mortgage generally begins with the filing of the summons/ complaint and the lis pendens. the lis pendens is a document that is filed so as to attach real property to the proceeding, and puts the world on notice that a foreclosure is ongoing and directly affects title to the property
A person doesn't "file for foreclosure". A bank or other lender takes possession of property by foreclosure procedure after the owner (mortgagor) of the property has defaulted on the mortgage. The procedure varies in different states. If the mortgagor dies during the foreclosure proceeding the lender can continue the foreclosure process against the estate. The death of the mortgagor may delay the proceedings until the heirs have been given notice of the foreclosure, depending on how far along the foreclosure has progressed. If the mortgagee (lender) dies during the foreclosure proceeding their estate representative can continue the foreclosure once appointed by the court.
With the country in the midst of this crisis, the bank doesn't really want to foreclose since they will then be stuck with another property. So try to modify your mortgage, or arrange a short sale, or apply for federal help. Filing chapter 13 is supposed to stall a foreclosure too.
Mortgage insurance premiums are generally deductible for tax purposes if the taxpayer's adjusted gross income (AGI) is $100,000 or less ($50,000 for married filing separately). The deduction begins to phase out for AGIs above this threshold and is completely eliminated for AGIs of $109,000 or more. Taxpayers should also ensure that the mortgage insurance was paid on a qualified mortgage and that they itemize their deductions to claim this benefit. Always consult the latest IRS guidelines or a tax professional for specific situations.
Yes, you can deduct points paid on a mortgage when filing your taxes, as long as the points were used to obtain the mortgage on your primary residence.