Questions answered by Tara Marie Warrington

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How can I protect myself legally from a defiencey on a foreclosed home in a recourse state?

Tara's answer | Answered on February 28, 2014

A short sale may be a good means of negotiating the deficiency with your lender. A properly drafted short sale contract will include a clause...

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Selling a pre foreclosure in Dade County. What to expect at sale--realtor not certain.

Tara's answer | Answered on February 25, 2014

The title company will request an estoppel from the mortgage company that will reflect the full payoff balance (accrued interest, penalties, fees...

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I signed a Deed in Lieu last year to the mortgage company. I received a 1099a, do I file with IRS, only income is soc.sec.?

Tara's answer | Answered on February 25, 2014

Be sure to double check your settlement paperwork and the tax form you received. A tax form 1099a is a report by your lender to the IRS that they...

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Am I still liable for past due HOA fees if the HOA forecloses on my house?

Tara's answer | Answered on February 24, 2014

If the HOA recovers the full balance owed (dues, interest, attorneys fees) from the proceeds of the foreclosure sale, than your debt will be...

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Need to find out what type of attorney is best for me to see?

Tara's answer | Answered on February 24, 2014

I would caution you that these debts are not always "easily negotiated". Negotiability depends on many factors: your lender, it's attorney, your...

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How does homestead status impact income taxes on short sales?

Tara's answer | Answered on February 24, 2014

If your lender permits a short sale and forgives any resulting debt, that forgiven amount is income to you. You will need to report it as such on...

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Will my spouse's income tax be intercepted?

Tara's answer | Answered on February 23, 2014

An individual cannot file as "married filing jointly." By definition, "married filing jointly" means both spouses are filing a joint return. Both...

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IRS Tax Law question that is complex and involves marital property (Family/Real Estate Law)...

Tara's answer | Answered on February 23, 2014

Sometimes there is no "correct" answer. The law - especially tax law - is complex, usually with alternating interpretations. If you are considering...

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I recently received my chapter 7 discharge paperwork my house was included in the bankruptcy and I am still paying the mortgage

Tara's answer | Answered on February 23, 2014

All the attorneys who have commented have good points but if you want a plan of action specific to your circumstances, you should consult with an...

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If a person signs a Quit claim Deed, is he responsible for the debt of that property? Can the person be summons by the lenders?

Tara's answer | Answered on February 22, 2014

I agree with my colleagues with a few caveats. The obligation to pay the debt rests with the party or parties who signed the Note. If you did not...

Tara Marie Warrington's Answers (221)

How can I protect myself legally from a defiencey on a foreclosed home in a recourse state?

Selling a pre foreclosure in Dade County. What to expect at sale--realtor not certain.

I signed a Deed in Lieu last year to the mortgage company. I received a 1099a, do I file with IRS, only income is soc.sec.?

Am I still liable for past due HOA fees if the HOA forecloses on my house?

Need to find out what type of attorney is best for me to see?

How does homestead status impact income taxes on short sales?

Will my spouse's income tax be intercepted?

IRS Tax Law question that is complex and involves marital property (Family/Real Estate Law)...

I recently received my chapter 7 discharge paperwork my house was included in the bankruptcy and I am still paying the mortgage

If a person signs a Quit claim Deed, is he responsible for the debt of that property? Can the person be summons by the lenders?