Category Archives: tough short sales

Foreclosure: What It Really Means & How To Avoid It

Foreclosure: What It Really Means & How To Avoid It.

Ten Tax Tips for Individuals Selling Their Home

The Internal Revenue Service has some important information to share with individuals who have sold or are about to sell their home. If you have a gain from the sale of your main home, you may qualify to exclude all or part of that gain from your income. Here are ten tips from the IRS to keep in mind when selling your home.

1. In general, you are eligible to exclude the gain from income if you have owned and used your home as your main home for two years out of the five years prior to the date of its sale.

2. If you have a gain from the sale of your main home, you may be able to exclude up to $250,000 of the gain from your income ($500,000 on a joint return in most cases).

3. You are not eligible for the exclusion if you excluded the gain from the sale of another home during the two-year period prior to the sale of your home.

4. If you can exclude all of the gain, you do not need to report the sale on your tax return.

5. If you have a gain that cannot be excluded, it is taxable. You must report it on Form 1040, Schedule D, Capital Gains and Losses.

6. You cannot deduct a loss from the sale of your main home.

7. Worksheets are included in Publication 523, Selling Your Home, to help you figure the adjusted basis of the home you sold, the gain (or loss) on the sale, and the gain that you can exclude.

8. If you have more than one home, you can exclude a gain only from the sale of your main home. You must pay tax on the gain from selling any other home. If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time.

9. If you received the first-time homebuyer credit and within 36 months of the date of purchase, the property is no longer used as your principal residence, you are required to repay the credit. Repayment of the full credit is due with the income tax return for the year the home ceased to be your principal residence, using Form 5405, First-Time Homebuyer Credit and Repayment of the Credit. The full amount of the credit is reflected as additional tax on that year’s tax return.

10. When you move, be sure to update your address with the IRS and the U.S. Postal Service to ensure you receive refunds or correspondence from the IRS. Use Form 8822, Change of Address, to notify the IRS of your address change.

For more information about selling your home, see IRS Publication 523, Selling Your Home. This publication is available at or by calling 800-TAX-FORM (800-829-3676).

Need an Approval from Franklin Credit (In Jr Lien position)?

We just received an approval from Franklin Credit and after much back and forth (one year to be exact), we also received the truth as to what the REALLY are trying to attain.

When your offer with Franklin Credit is declined, Franklin Credit and its employees are instructed to tell you that they cannot give dollar amounts, you just need to resend a better offer. For the past three months, our strategy has been to “up” our offer to them, starting at the promissory note for 10K, then increasing in increments of 20, and slowly increasing the cash contribution to them. This was based on the fact that they won’t disclose an acceptable amount, and the threads which I had read regarding strategy and acceptance with Franklin Credit.

However, I am assuming it was our lucky day when we got a rep on the phone who stated the following (directly from our system file notes): “(Rep) asked how much is he able to bring to the table? I informed of the promissory note of 15,000. (Rep) states regardless if promissory note is signed or not, a minimum of 10% which is 16,342.00 has to be paid. (Rep) advised to send an updated HUD with the corrected payoff amount and resend the higher offer to fax 201-839-XXXX Attention (Rep). ”

We of course called back the next day to confirm the info, but were told (reprimanded would be more like it) that the rep should not have told us that because, again, they are not allowed to disclose figures.

However, on 11/30/09 we acted on the payoff of 10% and were told today that the approval letter had mailed to title (which was weird as well) yesterday. (UPDATE: I just received the letter in my email as well).

I recommend cutting to the chase and “finding” 10 percent of the balance owed and get it over with. They are not the most pleasant people to deal with either.

I also recommend dealing ONLY with the supervisor once you know that your acceptable offer is there for fast expedition (and she’s much nicer to deal with). Email me if you’d like that info (sorry, REALTOR’s only) (

Because this info is so hard to come by, I only ask that you PLEASE respect her info and DO NOT bother her until you are ready to go straight to the ten percent. If you bother her with the small stuff you may make it harder on others trying to attain legitimate approvals.

Hope that helps! See ya in escrow!

Keisha M. Mathews, CDPE, REALTOR® | License# 01439130
The Short Sale LadyTM | Century 21 Landmark Network
(916) 266-4835 office – direct | (916) 405-3886 efax