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Avoid Foreclosure with a Deed-in-lieu

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k

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PostPosted: Sat Jun 28, 2008 3:29 pm    Post subject: 2nd mortgage on property

What happens if we do a deed-in-lieu with our primary mortgage company? How do we go about dealing with the 2nd mortgage? They are not willing to work with us as much as the primary mortgage company is.
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Mini Profile  cliff
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PostPosted: Sat Jun 28, 2008 5:33 pm    Post subject:

It sound like you should be doing a short sale instead of a DIL. Are you upside down in your current home?
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Mini Profile  brian1
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PostPosted: Sun Jun 29, 2008 1:01 am    Post subject:

K a 2nd has the most to lose. The first has to get paid in full before the second sees a cent. It is VERY difficult tp get the seconds to agree to a short sale
Brian

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Lauren2v

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PostPosted: Mon Jun 30, 2008 12:29 pm    Post subject: Deed-in-Lieu vs. Short Sale

I currently have an option to sell a rental property I own via short sale to an investor or give the house back to the lender as Deed-in-Lieu. Can you tell me which option would be better for me as far as credit goes, taxes etc.
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Mini Profile  Niicss
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PostPosted: Tue Jul 01, 2008 3:04 am    Post subject:

Welcome Lauren.

Short sale is a better option compared to deed in lieu of foreclosure and it will have less negative affect on your credit report. So have you contacted with the mortgage company and asked for options available for you. You can even go for loan modification or forbearance. Take a look at 17 ways to protect yourself from the foreclosure trap .

By the way in case of short sale you will have to pay tax if the sale price is lesser than what you owe to the Mortgage Company or lender.

Hope to see you on the forums.

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Gd

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PostPosted: Sat Jul 19, 2008 4:16 pm    Post subject: deed in lieu/bankruptcy

My bankruptcy has been discharged and my 1st mortgage company is proceeding with foreclosure. Should I let the foreclosure continue since I have not obligation or should I seek a deed in lieu? How will this affect the 2nd mortgage?
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Mini Profile  Niicss
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PostPosted: Mon Jul 21, 2008 2:16 am    Post subject:

Welcome Gd.

Is the bank bankruptcy discharged or dismissed? Have you filed chapter7 or chapter 13. We need to know these to answer your questions.

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Gd

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PostPosted: Mon Jul 21, 2008 6:25 pm    Post subject:

We filed chpt 7 and it is discharged.
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Johnny1

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PostPosted: Tue Jul 22, 2008 3:14 am    Post subject:

Hello Gd.

In bankruptcy chapter7 all the assets are sold to pay off the lenders or creditors. But there are some exemptions. So was the property you primary residence and was it exempted. As far as I know after filing chapter7, the borrower is released from all his debts and all his assets are sold. So is the property being sold under chapter7?
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Gd

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PostPosted: Tue Jul 22, 2008 11:09 am    Post subject:

Hi Johnny1,
Thanks for the response. My bankruptcy did not work like that at all. I kept everything and nothing was taken from me to be sold. I can walk away from everything now that the discharge is final - I have no obligation to any of my previous debt. I will eventually turn in my cars when the banks come to get them. As far as my home, it is my primary home and the first mortgage company is proceeding with foreclosure. I am basically looking for the easiest way to end this entire mess and not have to pay taxes etc.. because of the second mortgage.
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cv grl

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PostPosted: Wed Jul 23, 2008 12:08 am    Post subject: deed in lieu

is rental property qualified to do deed in lieu of foreclosure the property is in arizona who is qualified for the deed in lieu or foreclosure
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Mini Profile  larry



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PostPosted: Wed Jul 23, 2008 6:59 am    Post subject:

Hi Gd.

Talk to your first lender ASAP and request him to accept the deed in lieu.

hi cv grl.

It depends upon the lender whether he accepts the deed in lieu or not. Basically it saves the legal fees of the foreclosure process and that's why lenders generally accept the deed in lieu. So tale to your lender and request him to accept the DIL,

Feel free to ask if you have ant further questions.

Best of luck,
Larry
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bazooka

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PostPosted: Thu Jul 24, 2008 4:40 pm    Post subject:

I have two mortgages on my loan, How do I go about doing a "deed in lieu of foreclosure" on both loans
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Mini Profile  cliff
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PostPosted: Thu Jul 24, 2008 7:47 pm    Post subject:

Hello bazooka,

Let’s begin by pointing out to you some very important facts for you to seriously consider before you choose a Deed in Lieu (DIL). There are certain eligibility requirements that you must meet, before your lender will even entertain the option to accept a Deed in Lieu from you:
• Are you imminently facing foreclosure? Are you at least 31 days delinquent?
• Have you exhausted all means to avoid foreclosure?
• You, the borrower, must voluntarily submit a written offer of the Deed in Lieu and it must specifically state that the offer to enter these negotiations is being made voluntarily. You must list all the conditions for which the DIL will be accepted. Including the agreed upon transfer date of the property. On that date, the property must be vacant and clear of all your personal property.
• Usually the lender requires that you have listed your home with a Realtor for at least 30 days. They need to see that you have attempted to sell the property, but that you have been unable to sell the property. They prefer for

I am concerned that you have not mentioned that you have contacted your lender. Your lender has many other options available to you, besides a DIL.

Contact your lender and see if you qualify for a Repayment Plan, A Special Forbearance, A Loan Modification, or even a Short Sale. All these options are available. But you must be communicating with your lender! Any of these options are much better for you and much better on your credit than a Deed In Lieu.

Let us know if you have other questions, or need more help still. Visit home-buddies.com and view the free step by step guide to mortgage problems.

Good luck.

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Mini Profile  Jessica
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PostPosted: Fri Jul 25, 2008 5:33 am    Post subject: RE: deed in lieu on 2 loans

That's right Cliff, there are several other options except a deed-in-lieu.

Bazooka, you can negotiate with your lender for loss mitigation options like repayment plan or a special forbearance. If the lender feels that none of the options are suitable for you, then you may ask for a loan modification. Prior to negotiating with the lender, you need to submit a hardship letter stating why you can't pay anymore and which option you would opt for and why. Know more about hardship letter and loss mitigation options that can be suitable alternatives to deed-in-lieu.

Regards,

Jessica.

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