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  1. #1
    Join Date
    May 2012
    Location
    Washington, D.C.
    Posts
    2

    Default Does the Mortgage Forgiveness Debt Relief Act Apply to an Estate

    My question involves estate proceedings in the state of: Florida

    My mother's primary residence was in the state of Florida. She passed in Dec. 2007. Mortgage payments could not be supported by estate assets and the house eventually went into foreclosure. The bank did not provide any notice to the estate for its claim. A 1099-A (abandonement) was issued where the outstanding principal is greater than the FMV. In terms of accounting for the difference between the principal and FMV which is about $200K, does this situation apply for the mortgage debt relief act where this would be exempt from tax as ordinary income? I have differing opinions coming from two accontants whether this situation could apply for this act. Any advice or opinion would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,074

    Default Re: Does the Mortgage Forgiveness Debt Relief Act Apply to an Estate

    You need to do a better job providing the facts and relevant dates.

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