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Is Mortgage debt relief Act 2007 for me?

    1. What to remember when considering Mortgage debt relief
    2.  Mortgage debt relief vs. 11 Bankruptcy Exemption

Many of the homeowners in United States were strongly hit by the economic crisis caused by credit crunch and deterioration of the property markets around the world. The consequences of the crisis have directly affected average American however, who found himself or herself in the difficulty of payment monthly interest payments on the amount of the mortgage outstanding.

Many of the borrowers became a subject to house repossession by the mortgage provider as a result of default on mortgage payments. At the same time, many had their debts forgiven through debt cancellation process. It also meant that these borrowers became subject to Mortgage debt relief Act enforced in USA in 2007 and protecting average homeowners from tax payments on the amount of debt cancelled.

Many of the borrowers wonder if they qualify for mortgage debt relief. Good news is that most of the homeowner in United States, who has bought their house as primary residence place, is subject to Mortgage debt relief Act in period of time from 2007 to 2012.

According to Publication 4681 issued by Internal Revenue Service of United States Department of the Treasury, you should qualify for Principal Residence Indebtedness or, in other words, you hold a debt which was used for the purpose of acquiring or  constructing residential property. This debt should be secured by this property. The remortgaging or refinancing of the debt used to acquire or construct property is also considered to be protected by the Mortgage debt relief Act 2007. This means that if you are a mortgage holder for the property of your residence, you qualify for mortgage debt relief.


Tax debt relief - Rob Wood on Tax Bailouts for Con

Graph 1: Tax debt relief - Rob Wood on Tax Bailouts for Con

Source: www.


The mortgage for which you are seeking a relief must be a debt backed by your principal residence place. This is an important aspect, since holiday homes or second- homes would not be covered by the Mortgage debt relief Act 2007. To qualify for principal residence you should actually live in this place most of the time and have only one principal residence at a time. It is very crucial to note that this clause does not apply for 11 bankruptcy case. So if you actually cannot repay your mortgage and filed for bankruptcy case, you automatically fall into bankruptcy exception rather than principal residence exception. 

The question many of the borrowers ask is that if you participated in debt cancellation and did not lose your house in the process of repossession, even though some of your debt was forgiven, does it still mean that you are a subject to Mortgage debt relief Act. The best way would be to consult tax advisor for your specific case.

According to 1099-C income note, if some of your debt was forgiven it is considered as income by the federal government and you MUST disclose debt revaluation amounts to the government regardless anything.  The government would then decide whether you qualify under exception. There is no clear straightforward answer to this question, as there are cases when people were obliged to pay tax in similar situations.

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