1099-A or 1099-C for mortgage debt discharged in Chapter 7 Bankruptcy?
Our chapter 7 bankruptcy was discharged in Feb06. We had the original intent of reaffirming our mortgage loan and even signed the form to do so; however, Wells Fargo never took us up on our reaffirmation offer for some strange reason, and our attorney let that fact slip by. Therefore, we were not legally responsible for this mtg loan any longer. When Wells Fargo refused to show on our credit report that we had been paying them faithfully, we got fed up with them and told them they could have their house back in Jan08. I mean, how stupid of them to not take us up on our reaffirmation request anyway! My main question is this… Wells Fargo sent us a 1099-A form instead of a 1099-C. Is this correct? I have been trying to research it a bit, and I understand that the 1099-A form is usually used in abandonment cases, which we essentially did end up doing. However, I was thinking we would’ve received a 1099-C instead of the 1099-A since it was a discharged debt in our Ch 7 bankruptcy. ??
If the 1099-A form is the correct form, are we protected by this new Mortgage Relief Act? Here’s the info from my 1099-A form:
Principal outstanding $ 76,396.22; FMV $ 65,450.00; Was borrower personally liable for repayment of this debt? “Yes” (how can this be “yes” when it was discharged in our BK-7?!) With this info., what needs to be done on our income taxes this year? Which discharge box w/b the correct one to check on the 982 form in our case?
Sorry about the tons of questions, but Wells Fargo just seems to try to jerk us around at every turn, no matter how hard we tried to work things out with them. They’ve got my “dander” up. Thank you!
We signed a reaffirmation form w/ our attorney that they sent to Wells Fargo during the beginning stages of our BK-7 filing. Wells Fargo never responded to that form, thus not taking us up on our reaffirmation offer. Our loan w/ them even shows up on our credit report as “Discharged in Ch. 7 Bankruptcy”. The reaffirmation definitely never happened. And Wells Fargo’s “tax team” is trying to say that the 1099-A form is the correct form because of the fact that we abandoned the property. I am so tired of Wells Fargo’s bullying me on this that I feel like trying to sue them over the whole issue. Just another tidbit that our BK atty brought up– when the foreclosure was filed, an “in rem” judgment is what was filed, which tells her also that we should not have been mailed any sort of 1099 form from Wells Fargo.