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Selling a House in Probate in San Antonio, TX

September 2, 2021 • Matthew

Quite often individuals are left with a family home as a result of the passing of a loved one. This means you’ve likely inherited a house.

In many cases, this means that it is a second home and not one that they wish to keep so they want to sell it. When the Will is going through probate, the heirs often want to sell the house…even while the house is in probate..

Unfortunately, selling a house in probate is not an easy process and can be lengthy and somewhat frustrating.

There are cases where you can sell a house without probate.

selling a house in probate

Selling a House While in Probate

The individual that will be responsible for seeing that everything that has been outlined in the will is carried out will be the administrator or executor. The executor will be the one that has been named in the will to act as such, and if no one has been named then usually the closest relative is appointed to the administration position which can be done by the court or other close relatives.

Selling a House In Probate

When selling a house in probate it has to go through a series of steps that are regulated by the courts. These regulations may include deadlines as a well as documentation that has to be paid close attention to through the entire real estate in probate sale process. There are many details involved in.

Other individuals that may be involved in the sale of the home is the appraiser, the realtor, and an attorney as well as the courts itself.

deciding on selling a house in probate

Selling a House Before Probate Is Granted

When it comes to selling a house in probate the value of it has to be determined first. This is done through a proper appraisal and most often the realtor that you choose to handle the sale of the property will be able to recommend a proper appraiser. The rules are that the property must sell for at least 90% of what it is being appraised at.

It may not always be necessary to have an independent appraiser as some Realtors are experienced in probate and trust sales, and are considered credible when placing a value on the house. This agent will then usually carry through with listing the house for sale.

You can then go through with. A probate sale is granted beginning with this step.

Selling a House Once Probate is Granted

The big responsibility for selling a house once probate is granted partly becomes the responsibility of the chosen Realtor. This professional will work on this by using many different resources.

It usually involves different segments which include the proper signage as well as different types of advertising placed in different media’s.

In addition to this, the Realtor will hold open houses to encourage other real estate agents and potential buyers to attend. Then when viewings are set up the Realtor will attend to the showings.

These are all important steps that help when selling a house in probate.

Selling a House After Probate

Quite often potential buyers are looking for a cheap buy when it comes to a home being sold in probate.

want to be selling a house in probate

What has to be remembered is that there are court rulings in place regarding the sale, which is the offer has to be within the 90% of the sale appraised value. The Realtor again will play a big role here in making sure that the seller is able to negotiate the proper terms that are going to fit in with the requirements for both the buyer and the seller. Selling a house after probate allows the executor or administrator to enter into the necessary contracts.

Once this has been completed and the offer has been presented and accepted, then the court requires a notice of proposed action to be mailed to all the heirs that were named in the estate. This allows the heirs  15 days to present any objections that they may have. If none is raised, then the sale can go ahead without the necessity of a court hearing. This is where it can sometimes become frustrating for those selling a house in probate.

what to do when selling a house in probate

In some cases when selling a house in probate it may be mandatory that the notice of the sale is published in a local newspaper. This could be because the executor or administrator did not have all the powers necessary as stated under the IAEA, or an objection was lodged by one of the heirs.

A court date has to be set for the confirmation hearing which usually takes place between 30 and 45 days after filing of the application and the details again may be mailed to all parties concerned. During this time the realtor will most likely continue to show and advertise the property as there may be an opportunity to increase the sale price.

It is not unusual, for sometimes during the court confirmation hearing when selling a house in probate, the original bid that was accepted becomes overbid by someone else that is interested in buying the home. If this happens the party coming in with the second or higher bid has to attend at the hearing and bring with them a cashier’s check. The amount of this check must be at a minimum of 10% of the offering price they have placed on the home.

If it turns out that there are more than one over bidders then the outcome is, the bidder with the highest bid is awarded the purchase of the home. What happens is that this a bidder submits the cashier’s check to the executor or administrator. This money is then held in escrow for a period of time, which is usually 30 to 45 days following the court hearing.

get cash when you're selling a house in probate

Selling a House Without Probate

There are some stipulations within the estate law that do allow for selling a house without probate. Normally the executor or administrator of the will doesn’t have the necessary authority to sell a house unless probate is in place. Probate may be possibly avoided if the deceased placed the home in a living trust while still living.

It is really important that the proper professionals are chosen to assist you through the probate sale as it can be most complicated and it is taking place at a time where family members are going through the stress of losing a loved one, and this is just a added burden for them to have to attend to. When the process is followed properly it usually flows in the proper manner and the big concern is having the right realtor on board to get the price that has been placed on the home by being pro active and energetic in their selling responsibilities.
Want to find out more? Here’s an article we have that shows you how to sell an inherited house.

If you want to know your options when inheriting a house, read this article.

Cash offer?

Find out whether you can get a cash offer to buy the house in probate. We buy houses cash in San Antonio and can make you an offer. We have experience with helping people sell a house fast even when it is in probate or about to go through the probate process.

If you have any questions about how this works, please call us at 210-596-9669. We’re here to help…even if you decide not to sell the house.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Problems With Using Bankruptcy to Stop Foreclosure in Texas

August 26, 2021 • Matthew

Many homeowners feel powerless when their bank sends them a Notice of Default and might consider filing bankruptcy to stop foreclosure on their house. Knowing that they’re behind on mortgage payments can force borrowers to seek help in unlikely places.

If government loan modifications and repayment plans are unavailable to help a homeowner stop foreclosure, they can feel like their options are limited while going through a foreclosure.

With the threat of losing their family home and the stress related to major financial hardship, many homeowners will jump at any chance to stop foreclosure, no matter at what cost. Some homeowners might feel like their best option is filing for bankruptcy, but there are a multitude of problems with using bankruptcy to stop foreclosure.

Bankruptcy Misconceptions

problems when using bankruptcy to stop foreclosure

One of the main reasons homeowners choose to file bankruptcy on the cusp of foreclosure is due to the misconceptions associated with bankruptcy. Through misinformation and word-of-mouth exposure, people make assumptions on the bankruptcy process that are simply not true. These common misunderstandings contribute to the problems with using bankruptcy to stop foreclosure.

A likely misconception is that bankruptcy can stop the foreclosure process completely.

This is simply untrue.

Although declaring bankruptcy will buy time during the foreclosure process, it isn’t a permanent solution.

If bankruptcy is filed before the Notice of Sale, homeowners will experience a foreclosure bankruptcy stay. This automatic stay bars lenders from pursuing collective activities on a homeowner’s assets to repay what they already owe and begins as soon as the borrower files.

However, mortgage companies have the right to file a relief from stay.

Their case is especially strong if the borrower has already stopped making mortgage payments.

If the bankruptcy grants the motion, lenders will be able to continue with the foreclosure process. Unless a borrower is able to continue to make mortgage payments, filing for bankruptcy isn’t a reliable method to stopping foreclosure. It temporarily halts the foreclosure process; it doesn’t stop it permanently.

You Still Have to Pay Back the Loan

getting a loan to avoid using bankruptcy to stop foreclosure

Another common misconception is that homeowners who file bankruptcy can keep their residential property without having to pay back their loan.

Most borrowers file for bankruptcy to obtain a discharge, or release, from personal liability for their home loan debt. However, the foreclosure bankruptcy discharge is not guaranteed and is, thus, one of the ample problems with using bankruptcy to stop foreclosure.

The foreclosure bankruptcy discharge differs between chapters. When filing for Chapter 7, for instance, lenders have the option to object during a four-month-long grace period. They can file a motion to dismiss the case for a number of reasons and force borrowers to pay missed mortgage payments while continuing the foreclosure process.

With a Chapter 13 bankruptcy, however, homeowners can see a discharge only after successfully completing a payment plan, which usually lasts between three to five years. Before completing it, homeowners are vulnerable to foreclosure.

Amy Loftsgordon, contributor to a site all about national laws, wants homeowners to remember “that even though the borrower is no longer personally liable for the mortgage debt [with a successful bankruptcy discharge], the lender still has the right to foreclose if the borrower isn’t making mortgage payments.” Don’t count on a foreclosure bankruptcy discharge to save your home.

Foreclosure Bankruptcy Laws

signing paperwork to us bankruptcy to stop foreclosure

Before filing for bankruptcy, knowing your state’s foreclosure bankruptcy laws is necessary. Although there are a few slight variations to the laws throughout the country, the basic regulations apply to most homeowners seeking bankruptcy to disrupt foreclosure proceedings.

The changing bankruptcy laws can be a hassle when deciding to file. Approximately a decade ago, Congress overhauled the national bankruptcy laws, effectively making it harder for many people to file.

They reconfigured Chapters 7 and 13 bankruptcy specifically. Homeowners must pass a stricter means test to qualify for chapter 7 or risk paying back some of their debt in a separate Chapter 13 filing. In addition, the new bankruptcy laws require homeowners to get credit counseling prior to filing a bankruptcy case. These new additions are costly to homeowners in need of a speedy solution to foreclosure.

Before the change in policy, most homeowners were allowed to choose the type of bankruptcy ideally suited for their specific situation. Most decided to file for Chapter 7’s liquidation method over Chapter 13’s repayment plan.

The bankruptcy law initiated in 2005 now prohibits some homeowners with reported higher incomes from utilizing Chapter 7 bankruptcy. If a filer’s current monthly income is greater than the median for a household of equal size in their state, they must pass an additional means test before filing for Chapter 7. This bankruptcy law forces many homeowners to jump through time-consuming hoops before halting their foreclosure. If dealing with a foreclosure deadline, this added step can be costly.

the problem with bankruptcy to stop foreclosure

The foreclosing bankruptcy laws requiring additional credit counseling also contributes to the problems with using bankruptcy to stop foreclosure. Before filing for either Chapter under the new law, homeowners must complete mandated counseling with an agency provided by the United States Trustee’s office.

Although their purpose is to help struggling homeowners, these counseling sessions can hinder certain cases for bankruptcy. If the appointed counselors believe a borrower can meet monthly payments, they’re required to submit their findings to the court. These preliminary findings can be devastating to borrowers that need to stop foreclosure immediately or face eviction.

Before receiving an automatic stay from bankruptcy, filers must trek through many hurdles. These hurdles often impede a homeowner’s desire to keep their home. Although they may seem straightforward and simple, the ever-changing foreclosure bankruptcy laws and increased cost to qualify are some of the main problems with using bankruptcy to stop foreclosure.

Foreclosure Bankruptcy Taxes

doing research on your options when considering filing bankruptcy to stop foreclosure

Another one of the major problems with using bankruptcy to stop foreclosure is the current taxes aligned with selling. Homeowners must be wary of the additional costs to filing bankruptcy, especially if their goal is to ultimately save their home.

A common tax law requires bankruptcy filers to pay tax liability after receiving debt forgiveness. The principal treats any kind of financial forgiveness as a financial benefit, even if it means losing a home through foreclosure.

Homeowners are required to pay additional foreclosure bankruptcy taxes due to the federal government’s regulations, the Cancellation of Debt Income, or as a capital gain from foreclosure. If homeowners are currently struggling to pay their monthly mortgage payments, they’ll likely be unable to pay Uncle Sam, resulting in yet another incurred debt.

If a homeowner’s main focus is keeping their home despite their mortgage lender initiating foreclosure, filing for bankruptcy shouldn’t be a consideration. Filing for bankruptcy is time-consuming, the laws are constantly changing, and foreclosure bankruptcy taxes can be brutal on a homeowner’s wallet. Instead of experiencing the many problems with using bankruptcy to stop foreclosure, homeowners are advised to avoid the bankruptcy misconceptions and explore alternatives when facing foreclosure.

Are You Considering Using Bankruptcy to Stop Foreclosure

If foreclosure is looming for you, you should consider getting a cash offer from a cash home buyer. Matt Buys Houses TX has helped dozens of sellers in San Antonio sell their house before foreclosure. This has allowed them to keep the foreclosure off their credit and receive some of the equity they had in the home instead of losing it all.

If you’d like to find out how much we can offer if you decide to sell your San Antonio house fast, give us a call at 210-596-9669. We look forward to talking with you about how the process works and what we can do for you.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

How to Evict a Tenant Quickly in Texas

August 19, 2021 • Matthew

Here’s how to evict a tenant in Texas.

Please understand that when you have to evict a tenant anywhere can come with a lot of hard work on your part as the landlord.

When dealing with rental houses, there are lots of potential issues that can arise. Things like tax implications, and evictions are common. Evicting a tenant can add stress to a landlord’s life.

It also will require you to understand the laws concerning evictions and tenants rights. Those that are new to rental property often have a tendency of forming a tenant friendship. When it comes time to learn how to kick a tenant out, it becomes a very stressful situation…especially if the tenants are relatives. Yikes!

evict a tenant from a house

How to Evict a Tenant Quickly in Texas

Having to deal with evicting a tenant can often be avoided. This can be done through the proper pre-screening and choosing of tenants to begin with.

However, no matter how careful someone may be, circumstances can change. There can be a variety of reasons of why you may have to learn how to evict tenants.

What has to be realized is that your rental property is a business to you and you will have to conduct it as such. This means that you will have to know how to evict tenants when and if the situation arises.

How To Evict A Tenant Not Paying Rent

Often a landlord has to go through the eviction process because the tenant is not paying their rent.

Evicting a tenant not paying rent is not something that you should wait to learn about. If you do find yourself in that situation, you might consider selling the rental property with tenants still there.

As a landlord, you really want to learn what the rules are that pertain to the landlord and tenant act. You also want to learn the eviction laws. Knowing these makes it much easier when you have to kick a tenant out. These should be learned when first drawing up the lease agreement.

house to evict a tenant

Eviction Laws

The eviction laws will differ from state to state.

Even if you are familiar with one state make sure that you know the laws for the state you are renting your house in. How to evict a tenant in Texas will most likely be different than other states.

When it comes to evictions, it’s best not to do it on your own. It can become so frustrating that landlords start removing items from the tenant’s home. Or change the locks. Or they may shut off the critical essentials like the electric, gas and water. These may be all measures that would possibly get your tenant to vacate…but can be illegal.

You need to go through the proper legal recourse that is in place for you to evict your tenant.

When it comes time to go to court you want to show the courts that you have abided by all of the rules. You  should not have been vindictive in any way. This could cause the judge to show more leniency towards the tenants.

One of the reasons for trying to figure out how to evict a tenant in Texas is because of failure to pay rent…obviously, if they don’t pay they shouldn’t stay.

Other Reasons to Evict a Tenant

They may have violated the lease agreement or they are causing damage to your property.

It could also be that they are a hindrance to your other tenants. This could be by causing noise disturbances or health issues.

evict a tenant rental property

Whatever the reason may be you have to ensure that you have the proof and that it is well documented. It could be you happened to learn that you are in a gray area of the law when it comes to how you approach your eviction of a tenant.

You may want to try and approach your tenant asking them to leave in a polite way. This may be done  without having to go through the entire legal process. In many cases this doesn’t usually work and you will need to learn how to start the eviction process.

How To Start The Eviction Process

Evicting a tenant in Texas requires you to start the eviction process.

The first thing you’re going to want to do is give a formal notice of eviction. This is after you have definitely determined that you have the grounds for eviction.

In many cases the notice of eviction has to include the reasons why the tenant is being evicted. It should include what they could possibly do to avoid this. It may be that the property has been unkempt. If they comply and clean it up then the eviction will no longer be in place.

You also want to make sure the eviction notice includes the deadline. It should also contain any amounts of money including all fees that are owed. There may be a specific number of days that you have for filing this paperwork with your local court office. The eviction notice should be taped to the tenant’s front door as well as sent by certified mail.

learning how to evict a tenant

In most cases you will need to file your eviction with the courthouse. Then you should be given a hearing scheduled date. The courts should also notify the tenants by way of  summons about this. You will most likely have to show that you have served the eviction notice in the proper manner.

Evict a tenant in Texas means preparing yourself for your court attendance. Make sure that you have all of the pertinent documentation for the rental property for this tenant. This includes your lease agreements and all your records of payment. Any communication that you may have had with the tenant should be documented. You need  a copy of written notice and your proof that the notice was served. If you have checks that have been classed as NSF these also should be part of your documentation.

There will be a specific time allotted that the tenant will have to leave. If the tenant doesn’t comply then the Sheriff’s department can step in. This is to ensure that the court orders have been carried out. Tenant eviction is not a pleasant or easy task but is one of the responsibilities that come with this type of business. Knowing all the rules and regulations makes it a much easier process.

 

Skip the Headaches of Evicting a Tenant, Sell the House Fast Instead

Why go through all that’s required to evict tenants? You can skip the drama and headaches by selling your rental property and getting a cash offer from a company that buys houses in San Antonio. Matt Buys Houses TX can make you a cash offer within a single day…even if there are tenants living in the house. Give us a call at 210-596-9669 and we’ll gladly talk with you about your situation and make you an offer to buy it at no charge.

 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Inherited a House? Here Are Your Options!

August 12, 2021 • Matthew

So, you’ve inherited a house?

Do you find yourself thinking, “I inherited a house, now what?”

First of all, congratulations! We understand inheriting a house might be a stressful situation for some, but you don’t need to worry. We broke down your options and explored pros and cons. We also provided further steps you need to take after you make your decision.

So let’s go!

Inherited a house? Here are your options!

First thing’s first.

HuffingtonPost states these are the questions you need to ask after you inherit a house:

  • What condition is the house in?
  • How much will my expenses be?
  • How much is the house worth?
  • Should I move in, rent it or sell after I’ve inherited a house?

So, what are your options?

Sell when you’ve inherited a house!

Inheriting a house comes with plenty of unwanted headaches, especially if it’s something you didn’t want to happen. The first thought most have is to sell the house.

What to do when you've inherited a house?

RealtyTimes states that the absolute first step you must take if deciding to sell your inherited house is t0 seek legal action. Are you selling an inherited house to a sibling, at a loss or just wanting to sell? There are a few questions that should be addressed during this process, including the following:

  • Who will take care of getting the house ready for sale?
  • Who is responsible for negotiations and real estate agent hirings?
  • How will you divide the expensive?
  • Who is responsible for caring for the house while it is on the market?

You can also sell your house with a realtor without making repairs, or sell to a cash home buyer. We offer you both of these options! The best part is that you can get a cash offer in just 24 hours – your inherited home can be sold faster than you think!

Selling the house fast would be the best option for those who have no intention of moving in or renting it. There are a few pros as well as cons that come with this decision.

What options do I have when I've inherited a house?

Pros of selling an inherited house:

  • It can be sold FAST!
  • Paying in cash and having flexible payment options.
  • Not having to worry about the future of the property.

Cons of selling an inherited house:

  • You will have less control over who gets your house.
  • You might not be able to sell for the true value of the house.

If you’re considering selling, read this article: how to sell an inherited house in San Antonio.

Rent when you’ve inherited a house!

Another option to consider is to rent your inherited San Antonio house. If the house is to be rented, the heirs might ask:

  • Who will collect the rent?
  • Who takes the maintenance calls from tenants?
  • Where will the rental deposits and payments be held?
  • How will the income after costs be split among the heirs – each month, quarterly or annually?

Cons of renting an inherited house:

  • NextAvenue states that:”For tax purposes, the house (not the land) is considered a depreciable asset and a certain percentage of its value can be deducted annually.”
  • It can often be time-consuming.
  • You’ll need to make sure your tenants are a perfect fit for the house.

Pros of renting an inherited house:

  • Steady income on a long-term basis.
  • Creating networking relationships with the tenants.
  • Adding your management skills to your resume.

Move into your inherited house!

house

This option might be an obvious one – you could move when you’ve inherited a house and call it your new home.

The question that comes with moving into your inherited house is what to do with your current house. The same answers as above apply – you could easily sell it or rent it if you wish to do so.

Before you do decide to move into the inherited house,HouseLogic suggests to do the following:

  • Investigate the mortgage.

Especially if you’ve inherited a house from your parents at a loss – be aware of the current mortgage situation and know how to deal with it.

  • Physically check the house.

Is the property furnished or unfurnished? Take note of what needs to be fixed and what you want to fix. How does the season change affect the house? Do you like the surrounding area? See if all conditions meet your criteria before you decide to move in. Gather all necessary paperwork on the house and its appliances.

sell inherited house

If you inherited a house from your parents, you need to address the following questions:

  • Are you moving in alone, with your siblings or other relatives?
  • If the latter two, how will you split the costs?
  • What do you want to do with your current property?

Don’t forget to check out Good Housekeeping’s moving checklist – 9 Smart Things to do Before You Move

So, what’s it going to be? These decisions take time and planning. Make sure you check your budget, consult with professionals and get all your documentation ready.

Decided to sell? Give us a call and we will provide you with the best cash offer in just a couple of days!

 

Get a Cash Offer Within 24 Hours

Lucky for you, we buy houses in San Antonio. We work fast to get you a no-obligation cash offer for you house within 24 hours.

Our customers comment all the time about our soft approach. You won’t get a hard sell with us. If you are not completely satisfied with the offer we make to buy your house, you don’t have to accept it. No charge. No fees.

We’d love to talk to you today about the house and your situation. We’re here to help even if you decide not to sell your house.

Give us a call at 210-596-9669 or fill out the form below to get started. We look forward to talking with you.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

I’m Facing Foreclosure What Are My Options?

August 5, 2021 • Matthew

Homeowners have several options when facing foreclosure.

facing foreclosure options

Loan modifications, secondary loans, borrowing from acquaintances, filing for bankruptcy, and selling are all possibilities with varying success rates.

But all foreclosure options aren’t equal. Some common methods used to avoid facing foreclosure can leave the homeowner incurring a larger debt. Other recommended strategies used to stop foreclosure require third-parties to be sympathetic to the foreclosure plight.

If halting foreclosure is a homeowner’s goal, the best foreclosure option might be the least likely.

Modifying Your Loan When Facing Foreclosure

facing foreclosure loan

One of the most common foreclosure options homeowners consider when facing foreclosure is modifying their pre-existing mortgage. This method consists of contacting your mortgage company and requesting one of the many loan modification programs currently out there. While this method is attractive due to its lack of major lifestyle intervention and the ability to keep your home, many homeowners can’t meet the strict modification regulations to keep the foreclosure process at bay.

Typically, loan modifications change the terms initially instituted by a loan agreement between a borrower and a lender.

The lender can change the mortgage payment multiple ways: by lowering the interest rate or late fees, extending the loan term, or reducing the original amount of the agreement. The goal is the same though. Loan modifications are used strategically to lower the monthly payment plan so the homeowner can keep making payments.

It’s an effective solution as long as a borrower is willing and able to continue payments.

There are several loan modification programs to assist homeowners in making those monthly payments. One of the most popular is the new Home Affordable Modification Program, enacted by President Obama. Also known as the Homeowner Affordability and Stability Plan (HASP), it allows homeowners to refinance to reduce monthly payments. This program implements a special Making Home Affordable loan modification that can be applied by lenders for homeowners at risk of facing foreclosure.

HASP, as well as most other loan modification programs, comes with mountains of paperwork and a hefty application process. To begin, a lender will ask the homeowner for a set of documents which will be assessed for general qualification. This will include a hardship affidavit in which the borrower explains the set of circumstances that led them to the inability to pay the current mortgage amount.

It also must include the reasons way the borrower will be able to pay the proposed modified mortgage. These hardship letters can be tricky and time-consuming to write and are not often accepted when considering a home loan modification.

Borrowing Money

money back when facing foreclosure

Other common foreclosure options include borrowing money. Homeowners threatened with facing foreclosure need money fast to keep the creditors satiated. Even with a successful loan modification, borrowers need to pay their monthly payments. Often times, cash-strapped homeowners will seek help from friends and family.

Borrowing a large amount of money from friends and family is a bad idea though, especially when your home can be seized by the bank at any time. Money Crasher’s Casey Slide compiled a list of reasons why a person shouldn’t lend money to family and friends.

However, this list can be used to argue why homeowners should avoid borrowing from their loved ones too. Some of Slide’s complaints included people’s ability to be unreliable, borrowers feeling like a servant to the lender, and ending an important relationship due to a loan agreement gone wrong. At best, receiving a loan from a friend or family member will leave a homeowner indebted; at worst, it can leave them with an eviction notice and a failed relationship. Before borrowing money from loved ones, consider other foreclosure options.

Homeowners also choose to borrow money from other loan-offering entities to offset any arrears accrued by their missed mortgage payments. Attempting to pay off a loan with another loan can be dangerous for a homeowner’s credit and lead to a larger debt. It’s an ill-advised method to avoid facing foreclosure.

Facing Foreclosure & Filing Bankruptcy

facing foreclosure options bankruptcy

Many homeowners in financial distress believe the best foreclosure option is filing for bankruptcy to stop foreclosure.

This is due to the numerous misconceptions associated with bankruptcy relief. These misconceptions allow homeowners to believe several fallacies, including bankruptcy will stop you from facing foreclosure, it’s a simple process to file, and that filers will be able to keep their home without paying what they owe on their mortgage. Unfortunately for homeowners, these blanket statements are simply untrue.

Although declaring bankruptcy will buy time during the foreclosure process, it won’t stop the process completely.

If a homeowner files for bankruptcy during the foreclosure process but before the bank sets an auction date, homeowners will be granted an automatic stay. This motion stops lenders from collecting a homeowner’s assets to repay what they owe on the mortgage.

Although an automatic stay is initiated as soon as the borrower files for foreclosure, lenders have rights to appeal this motion. Mortgage companies may file a relief from stay, especially if the borrower has already stopped making monthly mortgage payments. If the bankruptcy grants the lender’s motion, the mortgage company will be able to continue with the foreclosure process and limit the homeowner’s foreclosure options.

A major hassle when filing for bankruptcy are the laws and restrictions associated with the process. Even though all homeowners are allowed to seek the bankruptcy option, many are unable to file due to recent laws that were passed by Congress.

The new bankruptcy laws require homeowners to receive credit counseling from creditors approved by the United States Trustee’s office before filing a bankruptcy case. If the counselors believe a borrower can meet monthly payments due to any number of factors, they’re required to submit their findings to the bankruptcy court. These preliminary findings can devastate a borrower’s bankruptcy case while forcing homeowners to continually pay for a mortgage they can’t afford.

In addition to mandatory credit counseling, homeowners must pass a stricter means test to qualify for bankruptcy. The newest bankruptcy laws restrict some homeowners with higher incomes from filing for Chapter 7 bankruptcy. Whereas outdated bankruptcy laws allowed homeowners to file for either Chapter 7 or Chapter 13 without restraint, the new regulations require homeowners to pass a means test if a filer’s current monthly income is greater than the median for a household of equal size in their state. This addendum to the already tedious bankruptcy laws are costly to homeowners in need of speedier foreclosure options.

Whether it’s a Chapter 7 liquidation of all debts or a Chapter 13 repayment plan, filing for bankruptcy is not a permanent solution to avoid facing foreclosure. Homeowners are not guaranteed to keep their home while risking seven years of poor credit. For borrowers that need to stop foreclosure immediately, this is not the best foreclosure option.

Selling Your Home Fast

house for sale when facing foreclosure

One of the best options a homeowner has when facing foreclosure is selling their home before an auction. This allows the homeowner to pay off their mortgage and other secondary loans associated with the house, while pocketing any extra profit made from the sale. If the threat of foreclosure is imminent, selling your home as quickly as possible is the best way to avoid facing foreclosure. When a homeowner sells their property, they avoid the credit-destroying experience of foreclosure while able to pay off any lingering debts that caused their initial financial hardship. Consider a cash home buyer to sell immediately, if you’ve already received your Notice of Default. Selling before the lender regains ownership saves the homeowner time and money.

Foreclosure help comes in various shapes and sizes. While asking for help from your mortgage lender or family can be successful, homeowners are often put in precarious financial situations worsening their debt. Filing for foreclosure may also help some borrowers in need, but the heavy restrictions and general misconceptions make it an unreliable option. One of the best options when facing foreclosure is selling your home before auction and paying off your mortgage. Selling a foreclosed home can be simple and lucrative if sold to the right buyer. Weigh your options before attempting to stop foreclosure.

Get a Cash Offer if You’re Facing Foreclosure

We buy houses in Texas and can close very fast. This gives you an option if you are facing foreclosure. We are able to buy the house completely as-is so that you don’t have to make repairs or wait for them to be made.

You won’t have to wait for a qualified buyer to come along because we are the buyer!

We make cash offers within 24 hours and there is no-obligation or fee for us to do so. If you like the offer, we move forward. If you don’t, we won’t. Simple as that.

Give us a call at 210-596-9669 to see what can pay for your house today.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Taxes for Selling Rental Property in Texas

July 29, 2021 • Matthew

Understanding the taxes for selling rental property is an essential step to know when you’re thinking about selling a rental house. Selling a rental property comes with many steps, questions like “should I sell my rental property?”, and complications which may also involve tax implications. The taxes for selling rental property in Texas can be incredibly confusing for plenty of reasons, but don’t worry – I’m here to help you out. In this article, we’re going to look at taxes on selling rental property in Texas, how tax sales work, how to avoid paying capital gains, capital gains tax on sale of rental property, capital gains tax on sale of your second home and more.

Let’s go.

How taxes for selling rental property in Texas work?

If you’re completely new to the real estate business and taxes on selling rental property in Texas, you might be asking yourself how taxes work in the first place.

Calculator, paperwork and pen. Taxes For Selling Rental Property in Texas

Here’s how:

HowStuffWorks states that each property is divided into assessment areas or assessment units.
The value of a property is determined by a tax assessor through property tax assessment.

“For example, the Rose City government has a $6 million budget and receives $3.5 million in sales tax revenue and state aid. Rose City needs to raise $2.5 million in property taxes to cover the budget. $6,000,000 – $3,500,000 = $2,500,000”

Some of the property cost can be recovered with depreciation.

What is depreciation?

10 and 20 euro bank notes and coins. Taxes For Selling Rental Property in Texas

Depreciation is a tax deduction which allows you to recover costs of a particular property.

Residential rental properties can be depreciated over 27 ½ years with MARCS system or 40 years with an alternative system.

You cannot claim depreciation.

What happens if property taxes for selling rental property aren’t paid?

If your property taxes aren’t paid, you could face a fine and have your property seized. Not paying your taxes could also reflect badly on your credit score, making it difficult to purchase further properties. Please consult with the IRS Publication 594.

How to avoid paying capital gains?

Forbes identifies 14 ways to avoid paying capital gains when it comes to taxes for selling rental property in Texas. I’ll cover 5 most important ones.

Stock exchange
Those with a good credit and appreciated securities can apply for a stock exchange with services who trade their stock with a diversified portfolio (however, equally valued). Who uses this option? Investors who are looking to avoid paying large capital gains on taxes for selling rental property in Texas.

Health Savings Accounts
Contributing to health savings accounts will also mean you are able to receive a tax deduction. Please note that you might have to do more paperwork and no economic value can be gained from this.

Move to a lower tax bracket state
State taxes are different and depending on where you live, you can avoid paying state tax or lower it.

Give stocks to family members
You can give some of your stocks to family members in lower tax brackets. This is one of the most beneficiary ways to avoid paying capital gains.

1031 exchange
What is 1031 exchange? It’s another way to avoid paying capital gains – within 180 days of the sale you can roll your proceeds into a similar investment type. Please note that the rules to this exchange are very complex, however, by doing the 1031 exchange you can without a doubt avoid paying capital gains.

Coins.Taxes For Selling Rental Property in Texas

How to make capital gain or capital loss when you sell?

Capital gains or capital losses are made everytime you sell a rental property, unless the property was bought before 20th September 1985. These gains or losses can also be made from capital improvements since the acquired date .

The amount of your capital gain depends on the capital gain tax rate and as a result, according to Forbes, many gains are, in fact, never taxed.

If you co-own a property, capital gains or losses are made according to your property interest.

Capital gains or losses can be dismissed in the case of a rollover.

What is a rollover?

Rollover (disregarding a capital gain) applies in the case of a destroyed property or property which was transferred to a former spouse.

I need to sell my second house – what are capital gains tax on sale of second home?

The capital gains on sale of second home depend on the state you live in and how long you’ve lived in the house. Qualifications for partial exclusions are favorable, especially in the cases where you have rented your property for a certain amount of time while treated it as a residence prior to that.

The duration of the time you have to live in your second home and then rent it out depends on your state – for more information, contact your lawyer to make sure you receive correct information.

Sell Your House to a Cash House Buying Company

Ready to sell your house FAST?

Matt Buys Houses TX is a cash buying company, ready to take your property off your hands. The property you want to sell needs repairs? Doesn’t matter – we’ll be happy to sell it regardless of its state. Give me a call and you will receive a cash offer in just 24 hours. Your house can be sold in a week!

If you need to sell your rental house now, and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

How to Sell an Inherited House in San Antonio, TX

July 22, 2021 • Matthew

How To Sell an Inherited House Made Simple

Inheriting a property is a bittersweet experience. Although it might mean acquiring a house that could drastically improve your life, it also means that a loved one has passed. There’s a lot to consider if you don’t want it, like knowing if you should sell an inherited house or not.

Grieving is a difficult process, and dealing with your newly acquired property might be the furthest thought from your mind. However, it’s important to manage your inherited property before it becomes not only an emotional stress factor but a financial one too. Knowing how to sell an inherited house doesn’t have to be an added stress.

sell an inherited house

The Center of Wealth and Philanthropy, at Boston College, projects that the baby boomer generation will inherit upwards of $27 trillion over the next four decades. A large portion of that figure includes inherited homes.

But the sudden acquisition of an inheritance can leave you with many questions. As a benefactor, you might ask yourself: what do I do when I inherit a property? What kind of taxes do I pay after claiming the house? How do I sell an inherited home?

How To Sell an Inherited House – Your Options

If you are in a position where you need to sell an inherited house, you’ll need to know your options.

An heir has three options when deciding what to do with their inherited home: they can rent out the property, move into it, or sell. Although it’s a personal choice and all options have their positives, selling an inherited house will provide the seller with the ripest rewards.

Renting out an inherited property may help you keep the home in the family, but it also comes with a hefty cost and high risk.

Rental properties are hard to maintain: a landlord needs to interview prospective tenants, collect rent, pay for upkeep, and be on-call for complaints often 24 hours a day.

That’s why many landlords hire property management companies, especially if they live too far from the rental property. These companies can be unreliable, neglectful, and ask for up to 30% rent while managing.

They’re an unnecessary risk when handling your loved one’s home.

how to sell an inherited house

You might want to move in if the inherited home is a vast improvement to your current residence. However, with an upgraded home comes an upgraded price tag. Living in your inherited property may result in an increase in property taxes. Since the house more than likely has appreciated when considering the stepped-up value (the fair market value of the property at the time of the previous owner’s passing) you’ll have to pay more to live there.

Generally the best option is to sell an inherited house when dealing with a new property. Once the home sells, a benefactor will be able to pay off the home’s mortgage, will save money by avoiding capital gains taxes, and may even see a profit of their own.

Before the Sale

Before selling an inherited house, J.D. Esajian, a Fortunebuilders.com contributor, wants you to be realistic about your new house. “Inheriting a piece of property isn’t anywhere near as straightforward as you would imagine,” he warns. There’s a lot to consider when accepting an inheritance. Becoming acquainted with the property, assessing the housing market, and hiring help when needed are all viable considerations before you sell an inherited house.

red door on an inherited house

First, know where you stand. Familiarize yourself with the inherited home’s status. The property might have been the home where you spent most of your adolescence, but you might not know everything about your newly acquired home. What state are the major home systems (septic, HVAC, etc.) in? Does the property have any major liens? How does it compare to other homes in the neighborhood? Knowing the answers to these questions will help you estimate your inherited property’s worth.

Assessing the current market might also help you decide how to sell an inherited home in San Antonio, TX. If the market is favorable and the house has appreciated, you’ll most certainly receive a sizable profit at closing. Also, you won’t need to worry about the selling an inherited house taxes. Any appreciation gained during your loved one’s life is forgiven and you’re only taxed on appreciation gained after inheriting the property. “Unless the property goes up in value very quickly or you hold the home for a long time, you most likely will have very little tax liability,” adds Demand Media’s Solomon Poretsky.

Hiring a professional organizer to help empty out your inherited home while salvaging sentimental pieces is a necessary step before the sale. After a loved one passes, it’s hard to imagine going through their items and sorting out what’s valuable enough to keep and what needs to be donated or trashed. Yet, the property needs to be sifted through and cleaned before making any kind of sale. Don’t carry the emotional burden alone; hire someone to help clean out belongings and depersonalize rooms to get your inherited home in selling condition.

inherited house in san antonio

Realtors, Estate Sales, or House Buyers

So, you’ve decided to sell, researched your inherited home, and cleaned out your loved one’s property. Now, what? According to Amber Keefer, an eHow blogger, and real estate expert, there are three options in when to sell an inherited house: listing with an agent, sell at an estate sale or auction, or utilize a cash buyer.

Hiring a Realtor is common practice when selling an inherited house. Yet, it may not be your best option. Since Realtors cannot guarantee a sale, a home can stay on the market for months. This requires money and time to keep the house in showroom condition. Unless you can afford several months’ worth of insurance, utilities, and tax, not to mention Realtor fees at closing, using an agent to sell an inherited home is out of the plan.

It’s also risky believing a real estate agent’s honest opinion about what your inherited home is worth.  “There is always the concern that real estate agents might just be telling you what you want to hear in order to get another listing inked,” Esajian says. Your loved one’s property will not be handled with care if considered just another sale by an unsympathetic agent.

trying to sell an inherited house

Estate sales offer similar problems when using them to sell an inherited house. There’s no guarantee of sale, and every day not sold means bleeding your wallet dry. Also, auctioneers are likely to mishandle your inherited house if not managed properly. However, unlike hiring a realtor, estate sales mean you earn less money upon purchase. Although the house might sell quicker than if sold by an agent, you’ll lose out on a significant sum.

Sell an inherited house to a house buyer is the quickest, simplest option if available.

House buyers usually offer cash for homes, allowing you to avoid prolonged time on the housing market. Sometimes they cover selling costs to expedite the sale.

Forego spending money on sprucing up your loved one’s home and fixing any major repairs; house buyers buy as-is. They also allow you to skip using a realtor and communicate with you directly. If you have questions about the selling process or want to make sure your parents’ home is getting the attention it deserves, house buyers are more open to assuaging whatever fears are pestering you. Unlike many realtors, house buyers have experience with inherited property and know how to be sympathetic to grieving homeowners.

Selling an inherited house can be emotionally and fiscally daunting, even in San Antonio, TX. Don’t make it harder than it already is. Considering your options, familiarizing yourself with the market, and sorting the estate before a sale will reduce time on the market. Deciding to sell gives you options, but accepting a cash offer is the surest way to have your loved one’s home taken care of and sold with ease.

We Are Cash House Buyers

Matt Buys Houses TX is a cash house buyer in San Antonio, TX. We’ve been buying houses for many years and have helped hundreds of homeowners sell an inherited house fast.

We buy San Antonio houses and want to make an offer to buy your house. Give us a call today at 210-596-9669 to get started. You can have a no-obligation cash offer for the house within 24 hours.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Where Can I Get Foreclosure Help in San Antonio, TX

July 15, 2021 • Matthew

Homeowners can have a tough time trying to avoid foreclosure. Late fees, exorbitant monthly payments, and other bills can make affording your current home a nightmare. Tackle on unexpected financial hardships and you’ll almost certainly experience the foreclosure process. But homeowners aren’t alone when needing foreclosure help in San Antonio, TX. There are many programs and methods to avoid foreclosure when trying to save your home.

Government Foreclosure Help

foreclosure help money back

There are several places to find foreclosure help in San Antonio, TX. Seeking foreclosure help from the government is one of the most common methods. Before contacting your lender about general loan modification, familiarizing yourself with the current initiatives enacted by the federal government can give homeowners the much-needed edge to avoid foreclosure.

One of the most common programs used by homeowners in foreclosure trouble is the Home Affordable Modification Program (HAMP).

Specifically, HAMP is used to lower a borrower’s monthly mortgage payments to make them both affordable and sustainable. The program achieves this by adjusting interest rates, extending payment terms, and reducing – or even forbearing – the loan’s principal for qualified homeowners. HAMP boasts that homeowners save approximately $500 per month on average. Half a grand can be home-saving for homeowners seeking foreclosure help.

Another loan modification plan went into effect 2013 to help homeowners avoid foreclosure. Created by Federal Housing and Finance Administration (FHFA), the Streamlined Modification Initiative (SMI) is similar to HAMP by offering homeowners the opportunity to redefine their mortgage payment plan.

Unlike HAMP, however, SMI allows borrowers to qualify for mortgage relief without gathering mountains of paperwork and applying. The mortgage company must mandatorily offer SMI after a borrower misses payment deadlines before initiating foreclosure, typically between 3 and 24 months.

Before SMI modifies the loan permanently, eligible borrowers will be required to make 3 on-time trial payments. The exact terms for those trial payments will differ among homeowners, but will be based on a fixed interest rate and sent through a letter in the mail. Once the trial is completed successfully, the loan changes are permanent. The SMI may also require principal forbearance and extended payment terms for some underwater borrowers.
court foreclosure help. the problems that can come up with foreclosing

“This new option gives delinquent borrowers another path to avoid foreclosure.” FHFA acting director Edward DeMarco said in a press release when SMI was initially proposed. “We will still encourage such borrowers to provide documentation to support other modification options that would likely result in additional borrower savings.”

SMI was enacted to minimize losses and help financially troubled homeowners avoid foreclosure. The program specifically targets government-sponsored agencies Fannie Mae and Freddie Mac, two of the leading insurers in the nation. Currently, the program works in tangent with a new government initiative enacted this year called the Principal Reduction Modification Program (PRMP).

PRMP is a one-time program for underwater borrowers that need assistance meeting monthly mortgage payments. This new program builds on the pre-existing SMI. If the homeowners can meet the lower payments and accept the lender’s final modification, the principal forbearance amount instituted by SMI will be forgiven. This means that homeowners who qualify for a PRMP will not have to pay back portions of their loans ever. It’s a greatly limited program for borrowers that need foreclosure help in San Antonio, TX.

If homeowners can’t qualify for any of the multitudes of loan modification programs or seek general consultation, the U.S. Department of Housing and Urban Development (HUD) offers free housing counseling services. By contacting an HUD-approved foreclosure avoidance counselor, homeowners can receive information and assistance necessary to avoid foreclosure. This option can be found conveniently on HUD’s website and is no-cost foreclosure help from the government.

Foreclosure Help for Veterans

veterans dealing with foreclosure help

Seeking foreclosure help in San Antonio, TX can be especially easy for veterans. In addition to the government programs offered above, veterans can seek help from the U.S. Department of Veterans Affairs (VA). VA not only offers ample benefits, news, and careers for active and retired servicemen and women, it provides a plethora of resources designed to keep veterans in their homes.

One of VA’s more helpful resources is the Home Loan Guaranty Service (HLGS). This program offers the assistance of more than 150 trained loan technicians situated throughout the country.

Much like HUD’s housing counselors, the service helps veterans understand how to retain their homes and avoid foreclosure with knowledge and assistance. They have some of the lowest rates in the industry while specifically targeting veterans that need government foreclosure help. Impressively, HLGS has helped nearly 300,000 veterans who were delinquent in their mortgage find a solution to avoid foreclosure.

Many veterans struggling to make monthly mortgage payments find relief in a VA streamline refinance loan. They’re similar to SMI but are restricted to homeowners that are also veterans.  Officially known as an Interest Rate Reduction Refinance Loan (IRRRL), an IRRRL is a VA-guaranteed loan that lowers your interest rate. Consequently, it decreases the monthly principal and interest payments and offers veterans a better chance at making payments. Veterans are eligible for these refinance loans if their home loan is one of the special VA-guaranteed loans.

Receiving an IRRRL does not require an appraisal, credit information, or underwriting. This allows veterans to apply without restrictions, saving precious time and money during the high-stress situation of a foreclosure. Veterans are allowed to use an IRRRL to refinance an underwater home though. (Remember, being underwater means owing more to your lender than your home is worth.) The basis for an IRRRL is the existing VA loan that cannot be paid, instead of the current market value of your home. Therefore, veterans can receive a greater refinance to pay off any financial hardships keeping them from making those mortgage payments.

Foreclosure Help to Save Your Home

getting foreclosure help

If the loan modification process seems too time-consuming or a homeowner isn’t eligible for the government foreclosure help, there is yet another option. Many homeowners at risk for foreclosure seek foreclosure help by contacting a company that buys houses directly. This option is not only less stressful, it’s also extremely effective when trying to avoid foreclosure.

Many homeowners assume that house buyers are solely interested in buying properties.

However, many house buying investment companies would rather offer free foreclosure help to homeowners in need than make a sale.

House buying companies know the emotional and financial stress caused by foreclosing and all sympathetic to those experiencing financial issues. They’re also unbiased; unlike your lender, house buyers have no financial stake in your loan defaulting. Before making a call to your mortgage lender, contact a house buying company to see what your options are from an unbiased point of view. Unsolicited and sympathetic foreclosure help in San Antonio, TX is always the best option.

Matt Buys Houses TX is one such house buying company in San Antonio. Give us a call at 210-596-9669 so we can help you with options to avoid foreclosure.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Tax Implications When Selling Rental Property in Texas

July 8, 2021 • Matthew

Considering a Sale of Investment Property?

There can be plenty of reasons for wanting to. If you do, you need to be aware of the tax implications when selling rental property. There’s a lot to know…so let’s get started.

The sale of investment property requires considering the tax implications when selling rental property.  Make sure before making the final decision to sell your rental property that this is what you want to do. Dealing with the tax matters can be complicated and expensive.

tax implications when selling rental property

Tax Rules When Selling Rental Property

The first thing you are going to want to become familiar with is the tax implications when selling rental property. This is going to involve capital gains or capital losses. The tax implications involve this area of the tax laws.

Taxes on selling rental property are going to include taxes at both the Federal and State level.

The difference between the sale price and the adjusted tax basis determines capital gains.

A rental property tax calculator can help determine this.

Capital gains can pertain to either short term or long term gains. This helps to determine what your selling rental property tax obligations will be.

Sometimes individuals purchase rental property and discover it’s not for them. Then they want to sell it within the year. This is considered short term so if sold at a profit then it would be taxed as short-term capital gains. Usually, this is taxed at the standard income tax rate.

Property held for longer than one year is subjected to a different tax rate. This is a long-term capital gain. The rate can range between 0% to 20% but most often falls within the 15% range. Again you can use a selling rental property tax calculator, to help you estimate the tax implications when selling rental property.

Selling rental property tax expenses determines the basis of the rental property. This usually is the amount that you paid for the property.

Plus, additional expenses that you incurred to make the sale. If events occurred that decreased  value then you can likewise decrease the basis amount. At the same time if you improved the property then you can add the value of these improvements to the basis.

There are some advantages to an increased basis as it can help to reduce the amount of taxes you will need to pay. At the same time, you can enjoy an increased tax deduction with a capital loss.

Possible Tax Deductions When Selling Rental Property

Pay close attention to rental property tax deductions when you are going to sell. You will still have your regular tax deductions for this property up until the time that you sell it.

It may be that when you are selling the property you are not going to realize a profit. This is going to put you into a capital loss situation.

You will be limited as to the amount you can deduct for this loss. You will be able to carry the loss forward for a specific number of years. Just as there are short term and long term capital gains the same applies for capital losses.

comfortable living room with sofas

Owning the property for less than one year constitutes a short term loss. Whereas longer than one year is a long term loss. You will need to look at the current year’s allowable deduction limit for the capital loss.

You may also be able to qualify for passive losses. These could be included with your selling rental property tax deductions.

These losses occur when your property losses in a given year exceed the rental income. There is a cap on as to how much you can claim each year, but these losses may be able to be carried forward. When you sell the property you can apply any of these unused losses that occurred during the sale year.

One advantage you may want to take advantage of is selling your investment property and buying another.

It would have to be in the same category as an investment property. This applies to the 1031 tax rule. It can be complicated so you would want to rely on professional advice regarding this.

Some individuals sell their investment property so they can pay down their primary residence mortgage. This can create some substantial tax liabilities.

Tax Implications When Selling Rental Property

Researching your tax obligations when selling your rental property involves becoming aware of the law. This includes knowing the tax consequences that effect tax implications when selling rental property.

wood house with a green bike

Property depreciates and the IRS realizes this so they have rules in place. This pertains to how the calculations are handled for your depreciation deduction. Basically, the rules are that depreciation applies over a 27.5 year period. So each year a portion of this can be used as a deduction against the profit you are making. It works out to  3.636% per year. Improvements have to be calculated into the depreciation formula.  Looking at rental property tax legalities when selling may mean other things to consider.

If you have been claiming depreciation you may be subjected to depreciation recapture tax.

Another area that includes potential tax consequences of selling a rental property is incurring the new Net Investment Income Tax. If this applies to you then you may have to pay an additional 3.8% on your net investment income. This is applicable to specific thresholds and deals with capital gains.

Being as this is not your principal residence you are not eligible for the capital gain exclusion. Which usually amounts to  $250,000/$500,000.

Selling Rental Property Taxes Implications Summary

rental apartments

You must be familiar with the various tax laws during the sale of investment property. This is so you don’t make any mistakes when determining what your profit will be after taxes.

You will most probably want to use the services of an accountant to assist you with this. Although you can use the selling rental property tax calculator. This will give you a good idea as to what your selling rental property tax figures will be. If you are really familiar with the tax laws and tax implications when selling rental property, you can use tax accounting software to help you file your taxes pertaining to your rental property sale.

 

Ready to Sell?

If you’re interested in selling your rental property give us a call at 210-596-9669. We buy houses in San Antonio and pay cash so that you can sell your house fast. Give us a call!
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

I Inherited a House in San Antonio, TX. Now What?

July 1, 2021 • Matthew

I’ve inherited a house….now what?

It’s a question many face when they suddenly inherit a house without any prior knowledge on the situation. In this article, I will inform you of everything you need to consider if you’ve inherited a house.

Inheriting a house can be a fortune for some and a headache for others. There are several things you can do when you’ve inherited a house – move in, sell it, or rent it.

But there are also many other implications you might have to consider, such as inheriting a house with a mortgage, paying taxes on an inherited house and tax implications.

inherited a house

 

But don’t worry. Everything you need to know about inheriting a house is explained below, including what happens if you inherit a property with a mortgage, and any tax implications you might face.

First off, you need to decide whether you want to sell, rent it, or move in when you’ve inherited a house. If you don’t wish to do anything with the property, you can also disclaim it – scroll to the bottom to find out how to disclaim your inherited property.

Second step: Read the will!

Does the deceased have a valid will? Are you fully aware of everything the deceased is offering? If you’re not sure how to proceed, it’s always best to consult with a professional.

What you should know: If the estate is worth more than $100,000, the court will start a probate to make sure all debts are paid and everything is distributed as it should be. Having a will does not avoid the probate process.

If the will is not valid, the court will follow the state laws of intestacy.

I inherited a house and decided to sell it. What do I have to do?

When deciding to sell your inherited house, here are the first steps you need to take:

  • Verify your ownership.
  • Get advice from a professional.
  • See a tax advisor.
  • Check out the state of the house.

inherited a house that's too old

Does the house need an upgrade to up the value? Are there some improvements you need to make? Does the exterminator need to be called? Make an inventory of all items and note down all problems that need fixing. Then, get in touch with all necessary professionals that will help you sell your house and give you the best quote. Please note that in most cases, especially when dealing with real estate agents, this could take months, depending on the state of your house.

Do you wish to sell your house FAST to a cash buyer? Give me a call and I’ll give you a quote in just 24 hours – we are happy to accept houses that need repairs.

I inherited a house with a mortgage. Help!

Inheriting a house with a mortgage instantly brings up a lot of questions that sometimes remain unanswered and resolve in long-term complications. Here’s what you should know:

A house with a mortgage can be inherited just like any other property.

What you need to do is make arrangements to pay off the mortgage and look into property taxes.If you’re inheriting your parent’s home you MUST live in the home and make required payments, however, if you intend to assume the mortgage, you can also keep it in the deceased relative’s name.

Make sure you consult your lawyers and financial planners – find any other implications that come with inheriting a house with a mortgage in your country.

Do I pay taxes when I inherited a house?

Selling you’ve inherited a house can mean that you will most likely have to pay income taxes if you made a profit while a loss during the sale could mean a tax deduction. There are plenty of tax implications that can come with an inherited house, so make sure to read the fine print carefully and always consult with your financial and tax adviser.

“The higher the basis, the lower your taxable gain from the sale.” states LegalZoom.

To put it in simpler words:
[property value] – [your purchase] = taxable gain
Different rules might apply due to the inheritance tax.

So yes, you do have to pay taxes when you inherit or sell your home. In the case of a sale, you need to use the same calculated method as above to discover your tax gain or loss and then report the sale on IRS Schedule D as well as your 1040 tax return – please note that this form needs to be used in the year you sell your home.

How do I disclaim an inherited property?

There are several reasons why someone might not want to do anything with their inherited house – not even bother with the process of selling it.

Reasons to disclaim an inherited property:

  • High real estate taxes.
  • Avoiding responsibility of the deceased’s legal past.
  • Give it to another family member.
  • Other personal reasons.

Inherited property disclaimer requirements:

  • It needs to be done in writing.
  • It needs to be disclaimed within nine months of the deceased’s passing.
  • No benefits should be made when disclaiming the property.
  • The assets cannot be passed indirectly to the person disclaiming the property.

inherited a house with flowers

Thinking of renting after you’ve inherited a house?

Becoming a landlord comes with plenty of responsibilities. Make sure you read my articles on renting a property to get all necessary information on renting an inherited home.

Ready to sell your house? Sell it to a house-buying company. This gives you the best of both worlds! You won’t have to worry about any repairs, you save on commission costs and you can receive a quote in just 24 hours.
Matt Buys Houses TX gives you a cash offer within one day and you can close it whenever you want. Your house can be sold in a week!

We buy houses in San Antonio and we pay cash!

If you need to sell your San Antonio area house fast and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.
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