Thursday, March 13, 2014

What to do if the IRS can’t find my tax transcript when a mortgage lender request it via a 4506T?


An IRS form 4506T is form that a borrower signs when applying for a home loan. This form allows a Lender (Bank) to contact the IRS and request a copy of the tax payers tax return. Under Federal Law it has been mandatory for several  years that a Lender (Bank) verify a borrowers tax return with the IRS by requesting a copy of the return. This is done with a completed and signed IRS form 4506. The reason being is that it is relatively easy to draft a false tax return showing higher income to qualify for a larger loan. In the hay day of the mortgage boom, Banks had borrowers sign the form, but to my knowledge only did spot check. Now a loan cannot close without that process being completed.

 

A big problem is that lender often do not request the transcript till towards the end of the loan underwriting process. If  the IRS flags a tax return for whatever reason, it could be a long time till the IRS contact the tax payer to get clarification of an issue. Till that happens the IRS will not verify a tax return, this can hold up a loan closing for months.

 

There is a special division, separate from the main IRS, acting as advocates for tax payers. In  recent transaction of mine, the tax payers return was flagged due to a question regarding a dependent deduction. Even after many weeks numerous phone calls and visits to a local IRS office nothing helped.

 

The Mortgage Banker Robert Valene of Choice Mortgage Bank Boca Raton suggested that they contact Senator Marco Rubio and Senator Bill Nelson. The borrowers contact both senators. My thanks go out to the office of Maroc Rubio, they contacted the IRS and within 24 hours the special division of the IRS had provided an Taxpayer Advocate. We are still waiting for Bill Nelson office to call us. All said it took over 60 day to resolve the issue. My advised is to stay on top of the IRS if they cannot find a transcript, can maybe contact your senator within a couple of weeks of not being appointed a Tax Payer Advocate.       
 
 
 
Karl R Schulz
 
561-Three-Seven-Nine-7881
 
 
 

 

Thursday, March 6, 2014

Can I sell my home after it was in my Bankruptcy


Question: I included my home (mortgages/ loans) in my Chapter 7 Personal Bankruptcy, but it’s been over a year and the Bank still has not took the property back, can I still sell the home?

Answer: Yes 

It is very common, for homeowners that are overwhelmed with debt, to file chapter 7 Bankruptcy protection and if they owe way more than the home is worth, to include the mortgages (loans) in the Bankruptcy and walk away.

The problem with just walking away is that because the Banks foreclosure department are so overwhelmed, that it can take months of not years for the bank to take the property back. The second problem can be, is that once a person has filed for Bankruptcy, they normally want to re-establish their credit. If you spend 2 years getting your credit back do you really want the bank to foreclose on your old home, this could dramatically negatively impact your credit.

One solution is the list and sell your home. Please consult your Bankruptcy lawyer first. If you would like Market information for your property in Palm Beach County, please feel free to contact me Karl R Schulz.  


Karl R Schulz


www.FridayRe.com