At risk is a provision that erases taxes on selling a home for less than what's owed to the bank. Expiration of the tax treatment would create a major new headache for the one in four homeowners who owe more than their house is worth. Those "underwater" sellers would have to come up with a big check for Uncle Sam to pay the tax on the difference.
The increased use of short sales, rather than foreclosures, has become an important support to the housing recovery. Currently, roughly a quarter of all home sales are short sales. Bank of America Wednesday reported that some 62,000 borrowers have completed short sales that saved them $7.4 billion in debt, or an average of about $120,000 each.
In 2007, as the housing boom turned to bust, Congress passed the Mortgage Debt Relief Act, which shielded such forgiven debt from taxes. The law was extended in 2010 but is due to expire at the end of the year unless Congress acts to steer away from the so-called “fiscal cliff.”.
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