topic FORECLOSURE in Deductions & credits

FORECLOSURE

TAMMYB61 — Tue, 10 Feb 2026 09:46:40 GMT

Home went into foreclosure status. I was able to secure the money necessary to keep it from being sold. I was required to pay attorney fees in order to keep it out of foreclosure. Are these fees deductable?

Re: FORECLOSURE

JulieS — Sun, 21 Jan 2024 13:16:32 GMT

No, personal legal fees aren't deductible. I am assuming the fees are associated with your personal residence that you don't use for rental or business purposes.

To learn more about when legal fees are deductible, ‌ see this article.

Re: FORECLOSURE

Opus 17 — Sun, 21 Jan 2024 16:51:57 GMT

I believe that in this case, the legal fees may be an adjustment to your cost basis, and may reduce your capital gains tax whenever you sell. But they are not current tax deductions. (Legal fees that you pay to defend your ownership of the home are an adjustment to basis, but legal fees connected with getting a new loan or replacement mortgage are not deductible.)

For more about capital gains and your cost basis, see publication 523.

https://www.irs.gov/pub/irs-pdf/p523.pdf