Adios to Mortgage Forgiveness Tax Relief Act ("Act")

The general IRS rule is that any forgiveness of debt will be taxable. In response to the housing disaster of the mid-2000’s, the Act was passed by Congress in 2007 to give relief to taxpayers who had debt forgiveness as the result of either a foreclosure or a short sale. The Act was subsequently extended…

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Can Retiree’s Checks Be Garnished?

Question: I am a retired Marine Corps colonel living in Sun City with my wife of 47 years. Several years ago, our son and his wife wanted to borrow money for landscaping and a swimming pool in their backyard. We wanted our grandchildren to have a nice backyard, so we co-signed on the loan. Our son…

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Protection Of Anti-Deficiency Statute Cannot Be Waived

  On June 13, 2013, the Arizona Court of Appeals ruled that the Arizona anti-deficiency statute cannot be waived in advance by a homeowner. Parkway Bank and Trust Company v. Joseph Zivkovic, 1 CA-CV 12-0612. Facts:   Zivkovic personally guaranteed a loan for his business, listing himself as the borrower and incorporating a previous loan…

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