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CA deed in lieu vs foreclosure

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Icon Mini Profile belovedlsd





Joined: 20 Feb 2009

Posts: 1

1.45 Dollars($)
Post Posted: Fri Feb 20, 2009 2:28 am    Post subject: CA deed in lieu vs foreclosure
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My home is in CA, and I am almost at the end of this sad process. Notice of default was filed Dec. 16, 2008. Still not sure if I should try deed in lieu or let it finish the foreclosure process. I have no way to pay any debt for the diff. of balance I owe the bank vs auction price of home. If credit hit is the same, should I just let it continue to forclosure? My husband/broker set up the deal, put it in my name only and signed off on a quit claim deed. Now he is broke, filing bankrupcy and has left me to try and support my two young children, with no support from him. I am trying to keep my faith, knowing that the Lord has a plan for us, but I truly feel alone sometimes and am unsure of what to do. My credit is pretty much ruined, which leaves me more vulnerable. I had an 820 score before I got married...so on the bright side, I guess the 250 hit will keep me in the 'poor credit' catagory vs bad credit:/ I saw that you signed some of your responses with God Bless...and that prompted me to send my story to you...for hopefully some logical advise. I am more upset with myself, for trusting a man I had just married...
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4831
Location: New Jersey
508.39 Dollars($)
Post Posted: Fri Feb 20, 2009 2:58 am    Post subject:
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Hi belovedlsd,

In California, most of the lenders go for a non-judicial foreclosure. In case of non-judicial foreclosure, the lenders cannot sue you for the deficient amount. As far as the deed in lieu is concerned, the lenders will forgive the deficient amount resulting from the sale of the property. So, in case of a non-judicial foreclosure or a deed in lieu, you will not be liable to pay the deficient amount. But the IRS may charge taxes on the forgiven deficient amount. You may apply for a deed in lieu. In this process, you will be sure that the lender will forgive your deficient amount. As far as credit score is concerned, it will be lowered by 250 points both in case of a deed in lieu as well as foreclosure.

Thanks.

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