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-   -   Unpaid debt (https://www.askmehelpdesk.com/showthread.php?t=792139)

  • May 15, 2014, 11:33 AM
    jedb1
    Unpaid debt
    I am holding a private mortgage from the sale of some land. The mortgagor has stopped making payments. They have agreed to give back the property if I forgive the balance of the debt plus pay them $1k. Do I have to pay taxes on the unpaid balance of the loan.
  • May 15, 2014, 12:45 PM
    AK lawyer
    Run this by your accountant, but I don't see why you would have to. You didn't receive that amount.

    Be careful about a deed in lieu of foreclosure. If someone acquired an interest in the property subsequent to your mortgage (such as a lien, etc.), you could wind up junior to that interest and would have to pay it off to regain clear title.
  • May 15, 2014, 03:57 PM
    ScottGem
    Why would you want to do this rather than foreclose? It may be cheaper for you, $1K vs lawyer fees for the foreclosure. But if you go for the foreclosure they will still owe the balance.

    If you do this, make sure you do a title search and require a warranty deed.

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