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December 26, 2007
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Pres Bush signed into effect H.R. 3648, the “Mortgage Forgiveness Debt Relief Act of 2007”

http://www.whitehouse.gov/news/releases/2007/12/20071220-6.html

This law would eliminate a taxable gain on borrowers who received a forgiveness of debt from a lender in a short sale.  Normally, if a lender forgives the debt, to this extent the homeowner would have a taxable gain.  HR 3648 would eliminate this “phantom income” on a borrower’s principal residence.  The law applies to all ACQUISITION (not refi) debt forgiven from Jan 1, 2007 and on.

 This is an EXTREMELY SMART move on the part of the government, FOR ONCE!  To make up some of this income, the law also amends the capital gains rules principle residences by denying an exclusion of the gain that is allocable to a nonqualified use of such residence (i.e., use other than as a principal residence).


William Bronchick, ESQ.

Nationally-Known Attorney, Author, and Speaker

Attorney William ("Bill") Bronchick, the host of Legalwiz.com, has authored six best-selling books and is sought nationwide for his 30+ years of real estate and legal knowledge. He has been interviewed by numerous media outlets, such as CNBC, TIME Magazine, USA Today, Investor Business Daily, Forbes, and the LA Times, to name a few. William Bronchick is the co-founder and past President of the Colorado Association of Real Estate Investors and the President of the Colorado Landlords Association. Click on the "About" link above for more information on William Bronchick.

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