Las Vegas, NV asked in Foreclosure and Tax Law for Nevada

Q: Is a settlement awarded to victims of unlawful foreclosure practices, resulting in loss of real property, taxable?

The attorneys general for 49 states along with the federal government reached a Settlement with SunTrust to provide relief to eligible borrowers who lost their homes to foreclosure between January 1, 2008, and December 31, 2013. I am one of these eligible borrowers. On September 30, 2014, the United States District Court for the District of Columbia entered the Consent Order addressing SunTrust's alleged misconduct regarding its mortgage servicing and foreclosure practices. SunTrust created a 40 million dollar fund, and each borrower received a settlement in the amount of $1,330 in 2015. A 1099 will not be issued. Is this settlement considered taxable income?

Related Topics:
1 Lawyer Answer
Zaher Fallahi
Zaher Fallahi
  • Tax Law Lawyer
  • Los Angeles, CA

A: Since August 1, 1998, generally, settlements and awards for only “personal bodily injury” is exempt from taxation under the IRC 104. I think your case should be looked into, and am not sure if you are eligible. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.