It involves drafting key legal paperwork, having your land appraised, finding an eligible land trust or nonprofit to enforce the easement, and consulting with a CPA to maximize your tax deduction. Fortunately, Giving Property specializes in working with donors to make the process as easy as possible.
The "power of sale" clause in effect enables the mortgagee to order a public sale without court decree.
It involves drafting key legal paperwork, having your land appraised, finding an eligible land trust or nonprofit to enforce the easement, and consulting with a CPA to maximize your tax deduction. Fortunately, Giving Property specializes in working with donors to make the process as easy as possible.
The contributions must be made to a qualified organization and not set aside for use by a specific person. If you give property to a qualified organization, you can generally deduct the fair market value (FMV) of the property at the time of the contribution.
What is provision is required in a mortgage to allow a non-judicial foreclosure to force a sale without a foreclosure suit? A power of sale clause.
Power of Sales clauses include language in the deed of trust which states that the lender has the power to sell the real property that secures the agreement should the borrower breach their contract. Deeds of Trusts with Power of Sale clauses attached give lenders the right to foreclose the property nonjudicially.
A power of sale clause written into a mortgage contract authorizes the mortgagee to sell the property in the event of default. These types of clauses invoke the right of foreclosure without going through the court process.
Work with a real estate attorney or a title company to complete the transfer of ownership. This typically involves signing a deed and filing it with the local government. To claim a tax deduction, report the donation on your tax return. You may need to fill out IRS Form 8283 for donations over $500.