A Deed In Lieu Of Foreclosure

If you are having trouble making your monthly mortgage payments, there are choices readily available to you that may benefit you financially, and oftentimes, leave you in an excellent spot to purchase a home in the future.


Most of these choices are familiar to property owners: refinancing, loan modification, or selling/renting your home. However, an alternative that lots of might not understand is a deed in lieu of foreclosure.


In this post we go over the basics of a deed in lieu of foreclosure, and compare it to a similar option, brief sale. We also talk about some of the benefits of a deed in lieu of foreclosure, as well as a few of the downsides.


No matter which option you select, if you are having difficulty making your mortgage payments and are dealing with the possibility of foreclosure, it is in your finest interest to talk with a foreclosure defense attorney to assist assess your possibilities.


Overview of a Deed in Lieu of Forclosure


At its a lot of fundamental level, a deed in lieu of foreclosure is when a house owner gives the deed to their residential or commercial property back to their mortgage lender in exchange for being eased of their mortgage financial obligation.


The lender then takes title to the residential or commercial property, and acceptance of the deed may end the liability of the homeowner and anyone else that is liable for the mortgage debt.


Many customers and property owners typically confuse a deed in lieu of foreclosure with a brief sale. A brief sale happens when the house owner sells their home to a 3rd party for less than the total debt remaining on the mortgage loan.


The bank then consents to accept the earnings from the sale in exchange for releasing the lien on the residential or commercial property. Although comparable, a deed in lieu of foreclosure can be an easier process.


Instead of going through the selling process included with a short sale, a deed in lieu of foreclosure enables property owners to merely turn over the deed in exchange for a release of liability.


Advantages of a Deed in Lieu of Forclosure


A deed in lieu of foreclosure can be useful to both the lender and the customer. As noted above, this process enables the property owner to avoid the long and strenuous process of offering the home.


Additionally, it allows both celebrations to avert even longer and expensive foreclosure proceedings.


There are also public advantages to the homeowner. Since both the lending institution and the customer reach a mutual agreement through this process, consisting of particular terms as to when and how the house owner will abandon the residential or commercial property, the possibility of having authorities reveal up with eviction notices, or public sales advertisements being released in newspapers (as holds true with foreclosure) is averted.


Occasionally, the parties can reach an agreement that permits the property owner to rent the residential or commercial property back from the loan provider for a specific time period.


Because the loan provider saves money by avoiding the costs usually incurred through the foreclosure process, they might be willing to work more with the house owner to reach settlement terms that agree with to those that want to retain their living conditions.


Drawbacks to a Deed in Lieu of Foreclosure


Although the lender and the customer might reach favorable settlement terms in the process, this isn't always the case. Many issues arise in the settlement process when there are secondary liens or judgements against the residential or commercial property.


In this scenario, the loan provider would need to go through the foreclosure process in order to obtain a clear title. If there are liens or judgements versus the home, the loan provider might either pick not to consent to a deed in lieu of foreclosure, or include extra terms to the arrangement which are in the very best interest of the property owner.


Another significant downside to a deed in lieu of foreclosure is that the property owner requires to do most of the work. When a house owner applies for a deed in lieu of foreclosure from their lending institution (or servicer), they need to send all the documentation required by the lender, negotiate all the terms and verify that the last agreement waives any deficiency liability.


Deficiency liability is the distinction in between what the homeowner owed the lender and the worth of the residential or commercial property when it was provided back to the bank.


In contrast, when a house owner deals with a brief sale, their Real estate agent works out the general terms with the Buyer and often times their attorney deals with working out with the lending institution or lenders to get all of the liens released and shortage liability waived in composing.


Many Realtors and Attorneys will take all (or part) of the payment for their services out of the proceeds of the sale.


If you want to employ an attorney to negotiate your deed in lieu of foreclosure, there is no closing or earnings to help pay them so you will usually need to spend for their services out of your pocket.


Due to this cost, may property owners that pursue a deed in lieu of foreclosure negotiate with their lending institution themselves and simply employ an attorney to evaluate the final documents before they sign it.


From the house owner's viewpoint, the main disadvantage though this process of the loss of the residential or commercial property, loss of income from the residential or commercial property, and the investment in the residential or commercial property. In addition to losing the money purchased the home, there are likewise tax consequences that homeowners must be mindful of.


Generally, a conveyance of residential or commercial property is taxable by the federal government. If the lending institution forgives some or all of the deficiency and problems an IRS Form 1099-C, customers might have to include the forgiven debt as gross income.


This is why it is always important to get income tax advice before you pursue a deed in lieu of foreclosure or a short sale.


A deed in lieu of foreclosure can be a helpful alternative for some house owners. When facing foreclosure, it is to understand all of your options and make certain that you are investing your valuable energy and time in the best instructions.


An excellent way to do this is to consult with a foreclosure defense lawyer or a property attorney acquainted with all of your alternatives to assist you create a success plan to navigate the demanding foreclosure procedure.


Facing Foreclosure? Contact Adam Diamond Law


The legal team at Adam Diamond Law presents convincing legal arguments based on the most current statutes and up-to-date case law developed to defend you in foreclosure and keep you in your house. Get in touch today to get going.


DISCLAIMER: This short article and any info consisted of herein is entirely for informative purposes and is only appropriate in the state of Illinois. While it is essential that you educate yourself, nothing herein should be construed as legal guidance or create an attorney-client relationship. For specific questions, I always advise you to get in touch with a local lawyer for guidance pertaining to your specific legal needs.