SEATTLE NEWS ARCHIVES & FEATURES

Tom Kelly: State moves to halt short-sale whammy

Feb 14, 2012, 9:07 AM | Updated: Mar 4, 2016, 5:56 am

Distressed properties can involve tricky, lengthy transactions, and there’s a lot to think ab...

Distressed properties can involve tricky, lengthy transactions, and there's a lot to think about before jumping in. (AP Photo)

(AP Photo)

Homebuyers may be attracted to the big bargains that foreclosures and pre-foreclosures can offer. But distressed properties can involve tricky, lengthy transactions, and there’s a lot to think about before jumping in.

In fact, some home shoppers have shunned short sales altogether, preferring a more reliable process to a reduction in price. Getting all parties to agree to a short-sale price can be problematic, and lenders have been known to change their minds when more bidders surface.

Given the difficulty and uncertainty of negotiating a short-sale transaction, you would think lenders would bend over backward to make things easier for the consumer once the deal is finally done.

But it appears some lenders are seeking an additional pound of flesh long after the frustrated, exhausted and often financially drained seller has moved on.

Short sales occur when owners, often in distress, sell their homes for less than the amount they owe their lenders. The lender may then write off the remainder of the debt and receive tax benefits.

Some lenders, however, will also assign or sell the remaining debt obligation to third-party debt collectors, often for pennies on the dollar. The third-party debt collector can then use the legal system to continue to pursue the former homeowner for the balance owed.

The problem has become such an issue that legislators in Olympia have taken action. SB 6337, proposed by David Frockt, D-Seattle, would protect short-sale sellers from being pursued by lenders or their assignees for the difference between the sale price and remaining loan balance.

“The banks will basically have to make a choice,” Frockt said, “to either write off the amount and take the tax benefit or pursue the owner, but they cannot do both.”

When a lender agrees to a short sale, it can either retain the ability to collect from the short-sale seller the amount of mortgage debt owed by the seller that is not satisfied by the purchase price, or it can discharge all or a portion of the unsatisfied debt amount.

If a lender discharges debt, it reports this discharge of debt to the Internal Revenue Service on a 1099-C Cancellation of Debt Form. The issuance of the 1099-C allows the lender to take a tax deduction for the loss represented by the amount of debt discharged, and this same amount of debt discharged becomes taxable income to the short-sale seller.

After the taxpayers bailed out the mortgage industry, many borrowers are still unable to get a loan modification to stay in their homes. Now the industry has a sketchy-to-lousy national reputation and more stringent qualifying standards are not helping their case. In light of all this, how can some lenders knowingly seek both a tax deduction for the mortgage debt not paid while also seeking to collect that same mortgage debt?

“Yes, we have heard of this happening,” said Deborah Bortner, director of consumer services for the Washington State Department of Financial Institutions. “I hear it mostly from attorneys or others who assist those in obtaining a short sale. I understand that the documentation provided by the institutions doesn’t always make it clear whether they will pursue a short sale or not. The consumer only finds out later when contacted by someone trying to collect the deficiency.”

In some instances, mortgage debt collection rights have been referred to third-party debt collection companies, even though short-sale sellers have paid income tax on the amount of this discharged debt.

“This is another step to help the short-sale process that is keeping many homeowners from the tragedy of foreclosure,” said Faye Nelson, president of the Washington Association of Realtors. “Nearly 40 percent of the inventory in the Puget Sound region right now is short sales. State legislators recognize that protecting this process is critical to homeownership and the housing market.”

Tom Kelly’s new E-book “Bargains Beyond the Border: Get Past the Blood and Drugs: Mexico’s Lower Cost of Living Can Avert a Tearful Retirement” is available online at Apple’s iBookstore, Amazon.com, Sony’s Reader Store, Barnes & Noble, Kobo, Borders Books, Diesel eBook Store, and Google Editions. It mirrors a recent article by CNN on the benefits of the country, including increased rental possibilities.

Seattle News Archives & Features

This NOAA satellite image shows the magnitude of the storm moving inland from the Pacific Ocean. (P...

Ted Buehner, KIRO Newsradio Meteorologist

What to expect as Western Washington’s first big fall storm arrives Saturday night

The fall season’s first strong weather system will sweep through Western Washington tonight, bringing strong winds and rain.

17 hours ago

Associated Press

3 dead, including suspect, and 2 deputies critically injured in eastern Washington state

SPOKANE COUNTY, Wash. (AP) — A shooting and subsequent firefight with responding officers left three people dead, including the suspect, and two deputies critically wounded in eastern Washington state Tuesday. Deputies responded to a home in Spokane County, which borders Idaho, around 2:30 p.m. after a woman told her neighbor that she had been shot […]

4 days ago

Sedro-Woolley medications missing...

KIRO 7 News Staff

Student medications found missing or diluted at Sedro-Woolley schools

Students’ medications are missing or diluted at multiple schools across the Sedro-Woolley School District, according to a district statement.

18 days ago

In this photo taken with a smartphone, Mike Herrington, the FBI special agent in charge, speaks to ...

Associated Press

Washington resident charged with conspiracy in Canada shool shooting is ordered detained

SEATTLE (AP) — A Washington state resident charged with conspiracy in one of the worst school shootings in Canada’s history has been ordered detained pending further hearings in the case. Melody Bryant, also known as James Cody Bryant, of Bellingham, Washington, was charged this month with conspiring to murder people in a foreign country. Investigators […]

26 days ago

The location of the Vertical Evacuation Tower will be near the Westport Marina. It will be the thir...

Tom Brock

Rising above the risk: Westport breaks ground on Washington’s newest tsunami refuge

The city of Westport broke ground Saturday on what will become Washington state's latest tsunami-safe location: a new vertical evacuation tower.

1 month ago

Andre Sayles (2) bite of seattle shooting suspect...

Tom Brock

Texts on hold: SPD delays Bite of Seattle shooting records

Interim Seattle Police Chief Andre Sayles says he needs more time before he can release the police department's internal communications the night of the deadly "Bite of Seattle" shootings.

2 months ago

Tom Kelly: State moves to halt short-sale whammy