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View Full Version : Foreclosing on rental property and cap gain implications


mistystar
Jan 22, 2010, 04:00 PM
Hi,
I may need to foreclose on my rental property that I have owned for 15 years.

The property appreciated over the years quite a bit. Since I am unable to sell the property in this down market and do a 1031 Exchange to shelter cap gains taxes, what happens if I foreclose? Am I still obligated to pay the taxes?

ScottGem
Jan 22, 2010, 05:01 PM
First, you don't foreclose. The lender holding the mortgage on the property forecloses. If the property has appreciated why are you having a problem selling?

As long as you are the owner you are responsible for the taxes.