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How to avoidForeclosure

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You got a Form 1099-A or 1099-C after a foreclosure: what it means

These IRS forms report that your lender took the home or canceled debt. They can mean you owe tax, but not always. The main home exclusion has expired for most 2026 cases, while the insolvency and bankruptcy exclusions still apply.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
Your lender, to you and to the IRS
What it starts
Something you must report on your tax return for that year
Do this first
Check the amounts and dates, then talk to a tax professional before you file

What these forms are

  • Form 1099-A: a lender files it when it takes the property that secured a loan, such as through a foreclosure or deed in lieu, or knows the property was abandoned. It shows what you owed and the home's fair market value. You use it to work out any gain or loss, because the IRS treats a foreclosure as a sale.
  • Form 1099-C: a lender files it when it cancels $600 or more of debt and an "identifiable event" has happened. If the foreclosure and the cancellation happen in the same calendar year, the lender may file only a 1099-C.

What it does and does not mean

  • It does not by itself mean you owe tax. Whether you do depends on the kind of loan and whether an exclusion applies.
  • Canceled debt is generally taxable income unless an exclusion applies.
  • If you were personally liable for the loan (recourse debt), you are treated as selling the home for its fair market value, and canceled debt above that value is ordinary income unless excluded. If you were not personally liable (nonrecourse debt), there is no canceled-debt income, only a gain or loss.
  • If a form is wrong, or never comes, you still must report the correct amount.

The 2026 deadline problem: the main home exclusion

The exclusion for forgiven debt on your main home (qualified principal residence indebtedness) covers only debt discharged before January 1, 2026, or discharged later under an arrangement entered into and evidenced in writing before that date. For a foreclosure, short sale or principal reduction in 2026 without such a written arrangement, it generally does not apply. When it did apply, it was limited to $750,000 ($375,000 married filing separately) of acquisition debt on the main home.

Exclusions you may still use

  • Insolvency: if your total debts were more than the fair market value of everything you owned just before the debt was canceled, you can exclude canceled debt up to that shortfall.
  • Bankruptcy: debt canceled in a bankruptcy case is excluded.
  • You claim an exclusion on IRS Form 982, attached to your return.

Read taxes after foreclosure for more, and IRS Publication 4681 for worksheets.

What to do this week

  • Check the form: your name, the date, the amount of debt, and the fair market value. If something is wrong, ask the lender in writing to correct it.
  • Make a list of everything you owned and everything you owed just before the debt was canceled. You will need it for the insolvency test.
  • Find any written agreement with your lender dated before January 1, 2026, about forgiving debt on your main home.
  • Talk to a tax professional before you file.
  • Check whether your state allows lenders to collect a deficiency, and whether your sale left surplus money. See your state's after the sale page.

These are federal tax rules, the same in every state. State law decides a related question: whether the lender can still come after you for any balance left after the sale (a deficiency). Your state's page covers deficiency rules. Ask a tax professional about your state return.

Scams tied to tax forms

  • Anyone who promises to make a 1099-C "go away" for a fee. Only the lender can correct its own form, and exclusions are claimed on your own return.
  • Anyone who asks for an upfront fee to "fix" your foreclosure taxes, or wants payment by wire, gift card or payment app.

Report scams at ReportFraud.ftc.gov.

How much time do you have? It depends on your state.

See the foreclosure timeline, deadlines and free local help for the state where the home is.

Common questions

I got both a 1099-A and a 1099-C. Do I report the debt twice?

No. The 1099-A is used to work out gain or loss on the transfer of the home, and the 1099-C reports canceled debt. A tax professional can help you put them together correctly.

My short sale was approved in 2026. Can I use the main home exclusion?

Generally only if you had a written arrangement with the lender dated before January 1, 2026. Otherwise look at the insolvency or bankruptcy exclusions.

I never got a form. Am I off the hook?

No. The IRS says you must report the correct amount of canceled debt even if no 1099-C arrives.

Keep reading

Sources

  1. IRS Topic 431, canceled debt
  2. IRS Topic 432, Form 1099-A and Form 1099-C
  3. IRS Publication 4681, canceled debts, foreclosures, repossessions and abandonments
  4. IRS: Instructions for Forms 1099-A and 1099-C
  5. 26 U.S.C. § 108, income from discharge of indebtedness (govinfo)
  6. FTC: ReportFraud.ftc.gov

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