Legal Question in Real Estate Law in California

Mr. Pich, you need to contact your commander, and seek legal counsel through the Army. If you were depoloyed at the time the home was foreclosed, then the bank who conducted the foreclosure violated Federal Law. The Servicemembers Civil Relief Act requires that lenders take certain actions when attempting to collect from, or foreclose a home owned by members of the armed forces who are deployed in a war zone. Particularly, they are supposed to offer you interest rate reductions and host of other accomodations to help you avoid loss of property while serving our country. I strongly suggest you talk to your commanding officer about getting some legal assistance from the Army.

Second, with respect to your taxes, although they are due on April 15, 2012, you receive an automatic extension to file taxes which takes you well beyond your return from your depoloyment. There is a single-page for you need to file - you should be able to do that from Afghanistan. Again, legal services should be able to help you. With the extension, you can file your taxes when you return. In 2003, the IRS promulgated a rule which provided for a deferrment of taxes for up to 180 days after you redeloy home to file taxes. I don't know if that rule is still in effect, but the general rule for extensions should cover you. As for any liability, that is something you will have to cover with your accountant. You can potentially be liable for two different taxes as a result of a foreclosure. The first is capital gains, and the second is forgiveness of indebtedness income. Check with your accountant upon return about whether these will affect you.

Finally, thank you for your service. I am so sorry to hear about your issues with the house - made so much more difficult by having to deal with them from a war zone. I wish you the best of luck and a very safe return home.

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