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Deed in Lieu of Foreclosure: What You Need to Know

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Understanding Deed in Lieu of Foreclosure

A deed in lieu of foreclosure, often referred to as a “deed in lieu,” is an arrangement where a homeowner who cannot keep up with mortgage payments voluntarily transfers their property to the lender. This process helps avoid the legal expenses associated with foreclosure proceedings.

What Is a Deed In Lieu of Foreclosure?

In this arrangement, you negotiate with your lender to turn over your house and vacate the property in exchange for the lender closing out your mortgage loan. This spares both parties the legal costs of a foreclosure proceeding. In return, your lender may allow you to stay in the house for a specified period, provide a “cash-for-keys” stipend, or release you from some or all responsibility for any mortgage deficiency.

Pros and Cons of Deed in Lieu of Foreclosure

Pros

  • Lower legal costs and less publicity.
  • Potential release from mortgage deficiency.
  • Possible concessions such as staying in the house for a specific period or receiving a “cash-for-keys” stipend.

Cons

  • Your lender may refuse the request.
  • Potential tax exposure on forgiven debt.
  • Damage to your credit, though less severe than a foreclosure.

Does a Deed in Lieu of Foreclosure Hurt Your Credit?

Yes, it does harm your credit, but less so than a foreclosure. Your mortgage will be listed as closed but not paid in full, which is a negative entry that remains on your credit report for up to seven years.

How to Request a Deed in Lieu of Foreclosure

If you want to pursue this option, follow these steps:

  1. Do your homework and understand the implications.
  2. Ask your lender for a loss mitigation packet.
  3. Work with an expert to negotiate terms.
  4. Respond promptly to follow-up communications.
  5. Stick to the plan if an agreement is reached.

Alternative Ways to Avoid Foreclosure

If a deed in lieu is not an option, consider these alternatives:

Short Sale

Sell the house with the lender’s permission, even if the sale price is less than the mortgage balance.

Mortgage Modification

Restructure your loan to make monthly payments more affordable.

Repayment Plan

Catch up on missed payments through a lump-sum payment or increased monthly payments.

Forbearance

Temporarily reduce or suspend mortgage payments, typically for no more than 12 months.

Chapter 13 Bankruptcy

Set up a repayment plan to address overwhelming debt, allowing you to catch up on late mortgage payments.

The Bottom Line

Accepting a deed in lieu of foreclosure means acknowledging the loss of your house and a hit to your credit. However, it could be your best option for cutting legal costs and moving on within a few years. When you’re ready to seek another mortgage, check your FICO® Score for free from Experian to know where you stand and take steps to build up your credit.

For any mortgage-related needs, call O1ne Mortgage at 213-732-3074. We’re here to help you navigate your options with confidence.

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