Category: Real Estate Law


When You Can Avoid Paying Income Tax on a Forgiven Mortgage

  As discussed in “Strategies for Avoiding Foreclosure”, if you sell your home in a short sale or return it to your lender by providing a deed in lieu of foreclosure, you still could be responsible to pay income tax on the forgiven mortgage. Historically, forgiven debt (also known as cancellation of debt income or […]

Lenders Should Take Careful Note of Potential Vulnerabilities Exposed in TOUSA Decision

  The United States Court of Appeals for the Eleventh Circuit issued its much anticipated decision in the TOUSA, Inc. bankruptcy cases on May 15, 2012.  The decision provides an ominous reminder to Lenders to carefully assess the value of accepting asset pledges or guarantees from borrowers’ subsidiaries, sometimes referred to as upstream guarantees.  TOUSA […]