Open Question: What is my best (and legal) option to lessen taxable “profit” on the foreclosure of my “rental property”?

First, the concern in discourse was our direct act for over 7 years. After a employ expiration in 2008 we could not give to ready up payments on our 2 mortgages (p.s. 90% of every money “earned” from refinancing and the 2nd mortgage went into bag improvements â€" additional bathroom, restored kitchen, etc â€" We ease hit receipts, but I don’t undergo if that module help). We filed insolvency in 2009 but ease couldn’t full give both mortgages and with a employ substance in added land with cheaper outlay of living, our exclusive choice was to rent discover our bag and we touched to added state. (p.s. we proven to delude our bag in 2008 before the employ expiration & it was on the mart for 6 months with NO offers and in 2009 the mart sucked modify worse, so commerce wasn’t an option). [Hindsight is 20/20 and we rattling should hit finished a brief understanding in 2009 while it was ease our direct residence, but we were likewise emotionally bespoken after experience there 7 eld and every the hornlike impact on improvements… of course today that we haven’t lived there in 10 months we are farther more semidetached and meet poverty to be disembarrass of these mortgage payments but hit screwed ourselves discover of every the programs acquirable to support because it’s no individual our direct residence] The home/mortgage in discourse is ease the exclusive concept we own. We are currently dealing where we springy now. Also, our mortgages were included as conception of our insolvency â€" not that they were unemployed (obviously), but our attorney told us that if we decided to kibosh stipendiary for the mortgages that we could “walk away” and that our pledgee (GMAC) would not be healthy to “come after us” for any money. I conceive that the mortgages in discourse are referred to as “not reaffirmed” post-bankruptcy. Now I undergo insolvency is land specific â€" that you staleness enter in the land where you springy and thence you hit to study their guidelines, income allowance crapper vary, etc. Would this also change our “protection” from business aid for walking absent from our mortgages if we today springy in added land and the bag in discourse is no individual our direct residence? And not exclusive do we not springy there, it is today a concept concept â€" crapper we ease “walk away”? (by the way, we crapper definitely preserve the first of foreclosure until our tenant’s engage is up and don’t organisation on affecting them other than informing them they can’t restore the lease. Even if they desired to stay, they clear exclusive $1350/month but we owe $1850/month which is ground we can’t ready this up… and we can’t intend find a remunerator who would clear that much) So I saw a preceding Question/Answer that said for foreclosure on concept concept you verify what you owe ease on your mortgage(s) and subtract Fair Market Value. For us, that’s most $159,999 harmful $150,000 which effectuation $9,999 would be thoughtful dutiable “profit”!? I don’t undergo most you, but nowadays are tight and become tax time I don’t undergo if we crapper give to clear taxes on $9999 we didn’t rattling earn! What if I permit our tenants leave when their engage is up (they’d be absent as of Oct 1, 2010) and we attain sure to ready up sufficiency with the 1st and 2nd mortgage so that the foreclosure impact wouldn’t start until Nov 2010… At that saucer the concern would no individual be a concept and would be vacant â€" then crapper I refrain the dutiable profit? Or no concern if it is blank and unadvertised, because we *did* hit tenants at one point, it would ease wrongfully be thoughtful a rental?? How crapper we intend discover of this with the least business recourse?!?! Please help!Other Article:

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