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OK, I HAVE 3 HOUSES, I LIVE Tonawanda ONE OF THEM,, AND I WAS RENTING THE OTHER 2, BUT THE RENTERS MOVE OUT, NOW I CANT AFFORT 3 HOUSE PAYMENTS,, I STOPPED PAYING ONE OF THE HOUSES ( I HAVENT PAY THE MORGATGE FOR 3 MONTHS ). I WANT TO RETURN THIS ONE TO THE BANK , CUZ I CANT WITH THE PAYMENTS. I GOT A 80/20 LOAN (2 DIFERENTS BANKS ). THE QUESTION IS, HOW BIG ITS MY PROBLEM ?? I DONT WANT TO DO THE SHORTSALE , CUZ I HEARD THAT U HAVE TO PAY A LOT OF MONEY TO THE IRS ITS THAT TRUE?? ( FORM 1099 ) i live in california ( mercec ca ) are the banks going to take my other houses for payments, or my cars ?????
Are your houses on the market? After 90 days of non payment of both you houses they will foreclose. Which means you have attorney fees (another $2000 at least) and your house will go to sherriff sale in a few months. You need to place your houses on the market and call the bank for assistance. A short sale is an option, you will have to have your house on the market for 3 months before bank can consider though. A deed in Leiu is an option too. With that you also have to place on market for 3 months at fair market value. (the Bank agrees to take your house back given you show that you can not pay and have tried to sell yourself.) As far the IRS... you are going to have to pay taxes on your homes for next tax season no matter what you end up doing. Hopefully someone will end up buying your property and you can get out clean. But make sure to call the bank and tell them what is going on. They may be able to place your foreclosure on hold while your house is on the matket. That will save you tons in attorney fees. So... call a realtor and Good Luck!
Where was you reserve capital? The extra money you had set aside should people move out? Can you get a temporary renter in any of the units to even pay a portion of the monthly amount (set it up in two month lots of time a temporary housing so that you can keep looking for a long term renter that will pay the full rent amount. Do you have any equity in any of the homes? If so you can get a HELOC (do so quickly) so that you can save that third house. You may well try to sell one of them. Do so your terms though, not the banks. You may also talk to your lenders (all of them) and request mortgage relief on the home. This could potentially lower the amount due on all of your homes, and lower the monthly payments. There are tax issues with doing it this way.
The lender may report the difference between what you owed and what you sold the house for as income. This is a MUCH better fate than dealing with the foreclosure. You aren't returning it to the bank, they are foreclosing on it, and there are sweeping negative implications for allowing a foreclosure. This decision will affect you for years. Talk to a Realtor about a short sale TODAY. The longer you wait, the worse this situation will become.
They may not take your homes and vehicles (especially if you are current on them), but they will probably obtain a judgement against you and place a lien on those properties if the amount they can sell the one house for is less than what you owe. A short sale is just a way to mitigate your losses on the house and hope that you get more than you would if the foreclosure goes through (either way, you are still responsible for the difference between the sales price and the amount you owe). Plus, a short sale looks a lot better on your record than a foreclosure.
You do not have to pay alot of money to the IRS if you do a short sale. In fact, I believe you can right some of it off as a loss. Double check with your CPA. Also, you can contact the bank to do a modification to your current loan, because this is happening all over the world right now, the bank DOESN'T want your house.
I may be able to help! Check it out!