Warning: include() [function.include]: URL file-access is disabled in the server configuration in /usr/home/ms/domains/hurryloan.com/html/answers.php on line 78 Warning: include(http://www.hurryloan.com/rightbar.php) [function.include]: failed to open stream: no suitable wrapper could be found in /usr/home/ms/domains/hurryloan.com/html/answers.php on line 78 Warning: include() [function.include]: Failed opening 'http://www.hurryloan.com/rightbar.php' for inclusion (include_path='.:/usr/local/share/pear') in /usr/home/ms/domains/hurryloan.com/html/answers.php on line 78   Go Back To Search Results Question Question about selling home with 2nd mortgage and buying a new one? My husband and I are contemplating buying a new home. We have only owned the one we have now for 1 year. We also have a second mortgage. My question is - will the proceeds first be used to pay off the second mortgage before they would be subject to capital gains tax? What happens if we don't get enough in the sale of our home to pay off the second mortage completely? If we have money left over, what can we do to avoid the capital gains tax on it? By punkinbutt'smama Posted on 05/30/07 Total Answers 4 Answers- You can do nothing to avoid capital gain tax on the sale of a home. If you have been in the house only one year and you didn't put a huge down payment on the house, then you probably won't make enough from the sale to pay off the second mortgage. Good luck. Answer by : Meenamae On Date 2007-05-30 19:23:58 You can have capital gains pro-rated for change in health or unforseen circumstances or there are exceptions for men in the military. Do you have any of those exeptions? they will pay off both mortgages b4 your gain they will probably make you add the balance to the new mortgage, but I would anyway Answer by : mel s On Date 2007-05-30 19:32:16 When you sell your home all liens will have to be released regardless of whether you receive enough money from the sale. The sellers will have to have a title clear of any liens whatsoever. So you will have to come up with a way to pay both loans off before selling. The capital gains are the net proceeds. After all deductions. However a married couple are allowed $500,000 in non-taxable capital gains Have you considered waiting another year or so before selling? It'd be such a waste for you sell your home and not make anything off of it. Answer by : criolla80 On Date 2007-05-30 20:08:07 THERE IS NO CAPITAL GAINS TAX!!!!!!!!!!!!!!!!!!!!!! IT IS YOUR PRIMARY RESIDENCE, so with that said when your buyers mortgage goes through, the proceeds from that sale pay off the 1st lein first and then the 2nd lein and if there is any money left over it goes to you TAX FREE!!!! You can make up to $250K for a single person and $500K if married. Thats profit not sales price so unless you are selling a house where your profit is over $500K you will not be taxed. Capital Gains Tax is on investment properties. Good Luck 2 U!! Answer by : Dano N On Date 2007-05-30 21:50:56   Go Back To Search Results