Originally posted by Rich Weese:
If this was an investor owned property, are the rules different? I thought I heard that the lender has the discression to 1099 the debtor or not. Did big brother now make that 1099 report mandatory? Rich
Hi Rich -
Yep, the rules are different for an investor. The Mortgage Debt Relief Act applies only to a primary residence, not to real estate purchased as an investment. And yes, the lender does have the discretion to decide whether to issue a 1099-C or pursue a deficiency judgment. If the determination is NOT to pursue the deficiency then a 1099-C is mandatory if the forgiven debt exceeds $600. As Jon mentioned, even if a 1099-C IS issued the amount will not be taxed if the debtor is insolvent when the debt is cancelled. Just remember to file Form 982 in the year the 1099-C is issued. If a deficiency judgment is pursued, the tax situation is moot as the debt is not considered cancelled.