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What is the benefit to a lender to do a deed in lieu of a foreclosure instead of a foreclosure?
Phoenix, AZ
Viewed 679 times.
Posted 6 months ago in Foreclosure
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My mortgage is $190,00 and the house was recently valued at approximately $90,000 and sadly, I have already made the decision to walk away and I am moving in with family.
I know in either case, my credit will take a hit but my understanding is that a deed in lieu would be a lesser ding - so wanted to understand if there is anything I can do to get my mortgage company to do a deed in lieu instead of a foreclosure. I am not late with payments yet but can not pay for May so will then call the mortgage company to let them know I will vacate the house by June. I'm not sure why a lender would agree to a deed in lieu but hope that is a possibility. Answers (2)Mark Aaron Arthur
This attorney is licensed in Washington.
Posted 6 months ago.
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I am not licensed in AZ, nor have I practiced there; however, your question is more practical than state-specific so I offer the following. As you likely know, a Deed in Lieu of Foreclosure (DILOF) essentially allows you to turn over the property without incurring a deficiency judgement or demand for any further payment on your mortgage loan. Usually, the lender will consider accpeting a DILOF to avoid the costs that the lender incurs via the foreclosure process. However, the Lender may likely proceed with the costs and time associated with a foreclosure if the market price for the home is much less than the outstanding debt-as seems to be your case. Thus, the lender may not want to accept a 90K home in exchange for a 190K debt.
I would contact the loss mitigation department of your lender and inquire about a potential loan modification. Hopefully, with the appropriate documentation, you can strike an agreement which will modify the terms of your loan and allow you to stay in your home. The hope is that the real estate market will pick up and your equity will eventually surpass your debt. Michael Hassen
This attorney is licensed in California.
Posted 6 months ago.
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It is rare for a lender to agree to a deed in lieu. The act of foreclosure wipes out all junior liens, allowing the lender to then sell the property free and clear of the wiped out liens. A deed in lieu does nothing to wipe out junior liens. There are various reasons why a lender may agree to accept a deed in lieu, such as an additional payment from the borrower, but it will want to make certain that there are no junior liens on the property.
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