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Re: Nervous in CA

Posted by Tom on August 22, 2008 at 8:28 AM

In Reply to: Nervous in CA posted by Laurie on August 21, 2008 at 11:29 PM

I am not an attorney and unfortunately in my current position I don’t have ready access to a law library or free use of LexisNexis. I did a quick internet search on the Mortgage Forgiveness Debt Relief Act of 2007 and it states that the primary residence is as defined in Sec 121 in the Internal Revenue Act of 1986. I can’t find that defined on the internet. I suggest you start a search for both references or go to the local law library. I usually find a law library faster than searching the internet.

I think you’re safe if you moved into your CA house immediately or before closing, but I may be wrong. Be sure to save all utility bills in your name and your insurance policy indicating it was your primary residence and never non-owner occupied. Until I read the IRS code I'd suggest sticking with that story.


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