The not-all-that-possible reduction or elimination of the mortgage interest deduction has set the hair of many a journalist on fire. Many of them have homes and benefit from that deduction, after all. And they cannot escape the fact that, if Republicans tell them that deductions have to be targeted instead of rates – which is ridiculous, since the rates are scheduled to go up automatically and higher rates above $250,000 will have a negligible impact on the economy – the mortgage interest deduction, among the largest and the most directly targeted at the well-to-do, will have to take the fall.
Far less ink has been spilled about the mortgage-related tax relief that actually is due to expire in just over a month, with a potentially massive impact on the housing market, in addition to being an indignity suffered by those struggling with the consequences of the collapse of the housing bubble. Ryan Grim and Sarah Bufkin took up my lonely crusade about the expiration of the Mortgage Forgiveness Debt Relief Act.
Beginning on Jan. 1, people who lose their home to foreclosure will be required to pay federal taxes on any unpaid mortgage the bank can’t recoup through an auction. The same will be true for homeowners whose loan principal is reduced by a mortgage modification, with the wiped-out loan being treated as taxable income.
The new tax obligation will hit because the Mortgage Forgiveness Debt Relief Act expires at the end of the year. The 2007 law was passed to save struggling homeowners from getting whacked twice, first by the sagging housing market and second by the Internal Revenue Service. Its expiration could push more people to remain in homes worth less than their mortgages, slowing the housing market’s recovery.
“The housing market is in its first stages of recovery, making now the worst time to take this exemption away from homeowners,” Rep. Jim McDermott (D-Wash.) told HuffPost. McDermott has introduced one of the bills geared toward extending the exemption.
The difference in the intensity of the coverage comes simply from the fact that the mortgage interest deduction impacts the peer group of journalists, while the MFDRA impacts primarily homeowners in trouble. The fact that the former is just in the discussion phase while the latter is really going to happen in a month doesn’t enter into the equation.
Meanwhile, the truth is that everyone will suffer from a failure to extend this measure. The National Association of Attorneys General wrote a letter to Congress yesterday explaining how failure to extend mortgage forgiveness debt relief will render impotent the foreclosure fraud settlement. Some of you will rightly note that the settlement is impotent all on its own. The majority of the relief granted so far has come from short sales. But those fall under this measure as well – recipients of a short sale would see the debt forgiveness under the sale treated as income for tax purposes. This would seize up all short sales, because the tax penalty would outweigh the benefit. Likewise for principal reductions. So as the NAAG writes, “Unless Congress acts, all of the remaining debt relief to be provided in 2013 under the National Mortgage Settlement, as well as other mortgage debt relief programs, will likely be considered taxable income.”
Short sales have helped drive the modest housing recovery so far. There’s no question that borrowers would be reluctant to agree to such a deal if it meant a huge tax bill. It’s true that borrowers could claim insolvency and then not be subject to the taxation. But tax insolvency is confusing and complex, and many borrowers – including short sale borrowers who have other assets and need to sell their underwater house to take a job, for example – won’t qualify. Just the threat of tax penalty will effectively end the short sale market.
This kind of tax provision is only going to move in a package, as I’ve been told multiple times. A one-year extension is in a larger “tax extenders” bill that passed the Senate Finance Committee before the election. However, that has to get in line behind whatever negotiation comes out to avoid the fiscal slope; Senate Republicans already declined to bring that bill to the floor and deal with it now. That could push the tax extenders bill into next year. They could make a MFDRA extension retroactive, but again, the threat is the problem. Lots of realtors have pushed to carry forward short sales to avoid the tax issue. There’s likely to be a bubble in those sales that will burst on Jan. 1 regardless. This will also lead to more foreclosures, in the absence of principal reduction or other debt relief as an option.
It’s such an invisible issue, I’m not optimistic it will get the proper priority. Yet when the housing market falters in January and everyone’s scratching their heads about it, you can remember this.




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YOU HAVE NO CLUE WHAT YOU ARE TALKING ABOUT. The short sales that are currently taking place are because people want to get out of their homes that are underwater. MOST of these people can pay their mortgage but they see houses selling around them for 100K or more less than they bought them for and they want to get out. In my area in Southern california where most of these short sales are the short sales have brought down the market by more than 150K in one year. Why? Because these district attorneys not considering what more short sales would do to the market sued the banks to create MORE short sales. Granted, some of these people cant pay their mortgage but most of the people who could not pay their mortgage got out before the settlement. The settlement has just made it easier for people to short sell and get out of properties that are worth much less than they can sell them for. I know for A FACT that 5 out of the 6 short sales that have happened on our street this year were because the people wanted out of a mortgage that was underwater. NOT because they lost their jobs. None of the people that have short saled are behind on their mortgage. Can you imagine what will happen to the market if everyone has the opportunity to short sell? As more and more people do it just leaves the rest of the community to deal with the consequences. IF THE MORTGAGE DEBT RELIEF ACT IS EXTENDED HOMEOWNERS SHOULD HAVE TO PROVIDE PROOF TO THE IRS THAT THEY LOST THEIR JOB AND CAN NOT PAY THEIR MORTGAGE. There are too many cases of people just not wanted to be stuck in a home that is under water. How will the market ever go up when short sale after short sale floods the market.
David Dayen – Why dont you do some research. This year in Southern California 1/3 of homes sold were short sales. You think all these people couldn’t pay their mortgage or do you think just maybe they didn’t want to be in a home with a mortgage worth much more than they could sell it for. Better to get out now and in a few years purchase a home for cheaper right? This of course these the rest of the neighborhood and the people who didnt give up with a high mortgage and maybe even no chance at saving money each year on interest tax deductions. We are punishing the people trying to stay in their homes and saying SHORT SELL SHORT SELL SHORT SELL.
Interest rates are very low right now. The market should be going up but the short sales are continuing to bring it down because they dont care about bringing the market up. All they care about is getting approved for a short sale. They are not pricing the short sales accordingly but keeping the market low.
In our neighborhood the prices have not gone up at all, but in an area 1 mile down the road that is always used by appraisers as a comparable prices have gone up by 60k this year. They are recovering. Why arent we, SHORT SALES.
Rather than just assuming that all these struggling homeowners are the victims, why not look at the facts. They bought high and now that the market has dropped, they all want out. That is the truth. And if this bill is extended it is just an incentive for more people to get out with out barely any consequences.
LIKE I SAID BEFORE, IF CONGRESS WANTS TO EXTEND IT, WHY NOT REQUIRE PEOPLE TO SHOW THAT THEY LOST THEIR JOB???? THAT WAY YOU HELP THOSE IN NEED AND THE REST THAT COULD PAY THEIR MORTGAGE BUT WANTED OUT OF AN UNDERWATER MORTGAGE HAVE TO HAVE SOME CONSEQUENCES.