What should we do about a forecloser on our mortga...
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What should we do about a forecloser on our mortgage?

We did not receive a 1099-c form.  How can I continue filing taxes if I don't have deductions on the mortgage?
2 Replies
Not applicable

What should we do about a forecloser on our mortgage?

you would only have income on the foreclosure if the property was worth less than the mortgage.    you can try to contact the mortgage company to see if they issued a 1099-C and /or a 1098-mtge    if you weren't paying on the mortgage you won't have a deduction for mortgage interest and you should know whether any real estate taxes were paid.    do your best in completing and filing the return,  since failure could result in substantial penalties if you owe and fail to file. 

Level 15

What should we do about a forecloser on our mortgage?

Be careful here.

It's not uncommon with a foreclosure for the bank to take excess monies from the escrow account and apply directly to the principle part only of the mortgage balance. It's also not uncommon for the bank to pay the property taxes with "their" money, instead of "your" money in the escrow account. In such cases, you won't get a 1098-Mortgage Interest statement and therefor can't deduct the mortgage interest (that you did not pay) and/or the property taxes (that you did not pay)

As for a 1098-C, it's not all that uncommon for it to be a year or more after the foreclosure, before you get a 1098-C. If the bank sells the property at a loss, you get a 1098-C in the tax year they sell it. If they sell at a gain, the bank will issue you a check for the difference and that check will be taxable income to you in the year you receive it.

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