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Marky | Can a mortgage company take your tax returns? |
I had to move from one state to another. I have been trying to sell my old house for about a year. Finally I am going to have to do a short sell (I have a couple offers to pay less than what I owe on the home). I should probably get some money back on my tax returns and would like to use it to pay off the large credit card balances I have acquired over this period of time. Can the mortgage company seize any returns I may get because I am having to do a short sell? |
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wcowell2000
|
No, I do short sales for a living. They cannot take their tax refunds.
Also, because of the holidays I have not read up on it completely, but President Bush just signed a law taking away the tax burden on the balance owed after the sale. Make sure you do your sale in such a way as to comply with this law. |
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Judy1
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They can't take your refund directly thru the IRS, but if they get a judgement against you for the balance, they could grab the money out of your checking account once it hits there. |
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Diane M
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The mortgage company cant exactly seize your return. If you default on your mortgage and they get a judgement against you they can look to seize your assets. If you place your refund in a bank acount, its fair game for them to attach. They way around this would be to cash the refund check and pay the credit cards with money orders. |
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taxreff
 |
Tax refunds cannot be offset for private debts. Federal and state taxes owed, back child support, and defaulted student loans are the only things tax refunds can be offset for. |
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Michael R
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No, but the government can for back taxes owed on the property. |
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v b
 |
I don't think he's necessarily going to qualify for the Bush relief plan.
Foreclosure after 1/1/2007 (yes)
Amount owed less than $1M (probably yes)
Amount owed was the original mortgage (probably yes)
Primary residence...maybe yes, maybe no.
The reference for primary residence is section 121--which is the live in it for 2 years of last 5 years ending on date of sale. |
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Neva N
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No they can't seize your tax return. Call the lender and see if you can negotiate with them to settle for a lower payoff. At best let them know the situation and maybe they'll agree to work out low rate, payment plan for the balance. |
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Nancy Kay
 |
No. If the lender agrees to a short payoff, and does not, for some reason, agree to waive the remainder of the note balance (say such as the loan NOT being a non-recourse loan), then they would have to proceed with a civil lawsuit to get a judgment in court for the shortfall, and only after they obtained such a court judgment could they execute the judgment and seize other assets, such as a tax refund. |
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