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The Mortgage Forgiveness Debt Relief Act of 2007

President Bush signed into effect on December 20th of 2007 the Mortgage Forgiveness Act of 2007. The debt forgiveness act through mortgages applies to transactions taken place in 2007, 2008 and 2009. Finding out further information is what a person must have to make an informed decision and to see if the act applies and works for the individual. There is specific information that can be attain through the Internet at www.irs.gov, by calling the IRS at 1-800-829-1040 or by visiting a local IRS office. Many people confuse the act with general debt relief, but this is incorrect since this act deals primarily with mortgages.

The Mortgage Forgiveness Debt Relief Act provides assistance to struggling homeowners by not taxing the debts forgiven or cancelled through either buying, building or substantially improving the principal residence or used to refinance the debt incurred for those reasons. It does not give a tax break on a second residence, debt from credit cards, car loans or anything other than the debts incurred from the primary residence or on principal balances over two million dollars.

A form is is required to be filled out and filed along with the proper year's federal tax filing. This information must be filled out properly on a Form 982 for reporting the debt forgiveness. The lender forgiving or cancelling the debts need to provide another form, the Form 1099-C or Form 1099-A to show the exact amount of debt that was forgiven or cancelled.

Rather than face foreclosure the Mortgage Forgiveness Debt Relief Act may be able to a person out. Normally when a forgiveness of debt occurs it is viewed as an income gained, reported on taxes as such and therefore taxed by the government, even though in the case of debt forgiveness there was no actual money to tax. The government realizing the increasing number of foreclosures tried to decrease the number of foreclosures through allowing resolved or cancelled debts to not be taxed, truly making the debts forgiven and nothing to be paid back.

If a mortgage refinance was done, the cash-out option to the refinance will depend on whether a person can qualify for the Mortgage Forgiveness Debt Relief Act. Checking with a professional will help to decide if one qualifies or not. With the recent mortgage crisis and declining values in homes and poor resale of homes, more and more homeowners are in desperation for some kind of help from the government.

While this may help an individual, there are other methods to prevent a person from foreclosure on their home and marring their credit score for a long time to come. Debt counselors are many times able to provide areas of improvement in everyday life to gather wasted money spent. Another way is to take on sources of additional income, a second job or selling unused or unwanted items or perhaps adding a roommate to help pay with the source of many financial problems, especially today - the mortgage. This last option can actually make the home help pay for itself.

Hanri Parker

You can read more about Suzie Orman here

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