Latest Posts
Home > Ask The Get Out of Debt Experts > We Got a 1099-C Five Years After We Lost Our House. – Eva

We Got a 1099-C Five Years After We Lost Our House. – Eva

“Dear Steve,

We are in a situation out of our control. We had a forclosure do to the drop in market. We tried to short sale only to be denied after 6 months by the lender. There was a 2nd mortgage on the property. This whole process took place in 2005. Then in 2007 the 2nd wrote a cancellation of debt and then 1099 C us in 2010. We submitted the 1099 C with our 2010 taxes and paid taxes on it. Now they are reporting that we still owe the debt on our credit. Is this possible? Or does the 2nd fall with in the Obama plan?


Dear Eva,

Well actually the discharged debt should have actually been claimed on you 2007 tax return. At that time you may have been insolvent and not had to pay taxes on the forgiveness.

I just published “How to Deal With a New 1099-C Issued on Old Debt Using Little Known IRS Form 4598” which contains information related to this situation. I’d first suggest following the process in that article regarding errant and late 1099-Cs you received with the Form 4598.

I seriously doubt it falls within any recent government approved modification plan but if it was taxes due from the loss of your house then there was an exception for that and taxes would not have been due. See this IRS publication from 2010. The bigger issue is unwinding the error in the wrong reporting years.

Please post your responses and follow-up messages to me on this in the comments section below.

Get Out of Debt Free Hotline
debt settlement helpstudent loan help

About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • laura

    when you file form 928, you must show that you were insolvent on the date the debt was cancelled. you do not still have to be insolvent. you need a different form 928, and insolvency worksheet, for each date you have cancelled debt.

    • Steve Rhode

      Nice clarification.

Get My FREE Get Out of Debt Guy Newsletter

It is the smart thing to do.

I promise to keep your email safe and secure.


I want to keep you posted each weekday with just one email about the latest get out of debt news, scam alerts and information to beat back debt.

You can unsubscribe at any time with just one click.

After you subscribe, check your email to confirm your subscription. If the confirmation email does not appear in your inbox in a few minutes, check your spam folder for it. Sometimes it likes to annoyingly hide there.

  • It will keep you posted on the latest scams.
  • You will be alerted to the latest articles.
  • You will wind up smarter than everyone else dealing with debt.