foreclosure property
Defined in 3 places of the United States Code.
For purposes of this part, the term “foreclosure property” means any real property (including interests in real property), and any personal property incident to such real property, acquired by the real estate investment trust as the result of such trust having bid in such property at foreclosure, or having otherwise reduced such property to ownership or possession by agreement or process of law, after there was default (or default was imminent) on a lease of such property or on an indebtedness which such property secured. Such term does not include property acquired by the real estate investment trust as a result of indebtedness arising from the sale or other disposition of property of the trust described in section 1221(1) which was not originally acquired as foreclosure property.
Source
- 1994–199926 U.S.C. § 856Internal Revenue Code · Definition of real estate investment trust · for purposes of this part
For purposes of this part, the term “foreclosure property” means any real property (including interests in real property), and any personal property incident to such real property, acquired by the real estate investment trust as the result of such trust having bid in such property at foreclosure, or having otherwise reduced such property to ownership or possession by agreement or process of law, after there was default (or default was imminent) on a lease of such property or on an indebtedness which such property secured. Such term does not include property acquired by the real estate investment trust as a result of indebtedness arising from the sale or other disposition of property of the trust described in section 1221(a)(1) which was not originally acquired as foreclosure property.
Source
- 1999–present26 U.S.C. § 856Internal Revenue Code · Definition of real estate investment trust · for purposes of this part
For purposes of this subparagraph, the term “foreclosure property” means any real property acquired by the financial institution as the result of having bid on such property at foreclosure, or by operation of an agreement or process of law, after there was a default (or a default was imminent) on indebtedness which such property secured.
Source
- 1994–present26 U.S.C. § 514Internal Revenue Code · Unrelated debt-financed income · for purposes of this section
The term “foreclosure property” means property—
(A) which would be foreclosure property under section 856(e) (without regard to paragraph (5) thereof) if acquired by a real estate investment trust, and
(B) which is acquired in connection with the default or imminent default of a qualified mortgage held by the REMIC.
Source
- 2013–201826 U.S.C. § 860GInternal Revenue Code · Other definitions and special rules · for purposes of this part
The term "foreclosure property" means property—
(A) which would be foreclosure property under section 856(e) (without regard to paragraph (5) thereof) if acquired by a real estate investment trust, and
(B) which is acquired in connection with the default or imminent default of a qualified mortgage held by the REMIC.
Solely for purposes of section 860D(a), the determination of whether any property is foreclosure property shall be made without regard to section 856(e)(4).
Source
- 1994–present26 U.S.C. § 860GInternal Revenue Code · Other definitions and special rules · for purposes of this part
The term “foreclosure property” shall include any qualified health care property acquired by a real estate investment trust as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease).
Source
- 1999–present26 U.S.C. § 856Internal Revenue Code · Definition of real estate investment trust · for purposes of this part