Seeking attorney in taylor MI to assist in getting the bank to take a deed in lieu for foreclosure

real estate / foreclosure: I would like to avoid foreclosure on a a second propery. If I try to get the bank to take the deed in lieu of foreclosure, is this something I need to hire a lawyer for? If so about how much would it cost to find a lawyer in the state of Florida? I am not delinquent on any payments yet, but I am struggling to make paments as of right now I have good credit, but I don't know how much longer that will last. Please advise Thanks
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Answers (2)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
In order to do it properly, you need an attorney who is knowledgable about foreclosure law. The entire point of a deed in lieu of foreclosure for the borrower is to include provisions that provide for a complete release of the obligation, so that the lender does not retain the abiliity to pursue a deficiency judgment.

Unfortunately, the lenders and servicers are slow to respond to these requests, and if you are struggling, by the time you hear back, it may have become too late. In addition, it is not uncommon for lenders to refuse to accept deeds in lieu of foreclosure, depending on their own internal rules and the status of the property.

You might do better to pursuie a short sale, but ONLY do that with an attorney and realtor who are short sale experts. Many claim to be but are not. Timing and details are critical in getting it to happen.

The National Association of Consumer Advocates (NACA) maintains a geographical listing of consumer law attorneys on its web site, www.naca.net

It is impossible to say what the fees would be, but true consumer attorneys will usually try to work with you on the fee.

Good luck.
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Barton Sheldon Strock

Barton Sheldon Strock

Contributor Level 4
I practice in Florida I have not seen many lenders who are wiling to take a deed in lieu of foreclosure. It really does not beneift the lender who still may have to foreclose to clear other title matters. If your lender is willing to do accept such a deed I would suggest hiring counsel to review any agreements entered into between you and the lender because real estate language can be confusing to even lawyers who are not versed in real estate law. You are probably looking at about $750 to $1500 to hire a lawyer to do this ...if it can be done.
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