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Ryan12
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Hi Zee,
If you go for deed in lieu, nothing of what you have mentioned will happen. His is because the lender's right to collect the deficiency is waived off in deed in lieu. |
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Caron
 Moderator
Joined: 19 Jul 2005
Posts: 1562 Location: florida
266.56 Dollars($)
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Hi,
To Texaslaw,
The heirs are not legally responsible but if the lender wants to foreclose the home when payment aren't made, then need to pay off the loan in order to keep their home.
To B&J,
The second lender may agree to forgive a part of the debt. He may even charge off the second mortgage. He will not discharge the lien just because the first foreclosed. The second lender may sell off the loan to collection agency who'll then collect the debt from you. Check out the discussion on 2nd mortgage deed in lieu to get a fair idea of what happens to second mortgage after deed in lieu on the first.
Good luck _________________ Mortgage Shopping made easy with booklet |
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dalypinky
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Post subject: Condo Hotel |
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| I have a condo hotel unit in Palm Coast Fl. and its on a five year balloon and I have 1 more year and can't afford the payments and they are not renting to cover the expenses. The loan is 240,000.00 and I put 80,000.00 down and have paid interest of 40,000.00 to date. Is deed in lieu a solution. |
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adonis

Joined: 22 Oct 2005
Posts: 3852 Location: ALASKA
120.89 Dollars($)
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Hi dalypinky,
If you are already delinquent on your payments, then you can apply for a deed in lieu to the lender. But a deed in lieu will ruin your credit score and lower it by 250 points. Moreover as the deficient amount resulting from the sale of the property is forgiven, the IRS will charge taxes on this forgiven amount. To know more about deed in lieu, check out the following link:
http://www.mortgagefit.com/deed-lieu.html _________________ Procrastination is the enemy of your financial sucess |
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mita
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Post subject: foreclosure |
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| I own a home in NJ. I am renting right now ,renters r behind and i am 3 months behind in payments. I have moved to Ca. working 0on min wage, my husband died ,i have absolutely no money in the bank or otherwise,Even i am behind on my Ca rent now. and all bills too. what should i do. just go ahead with the foreclosure or try for deed in lieu ? Do i need to file for BK too? I have no clue ,i really need some advice |
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adonis

Joined: 22 Oct 2005
Posts: 3852 Location: ALASKA
120.89 Dollars($)
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Hi mita,
You should first try for a deed in lieu. Write a hardship letter to the lender informing him about your hardship. If the lender does not accept the deed in lieu, then you can go for foreclosure. _________________ Procrastination is the enemy of your financial sucess |
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Zee
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Post subject: Deed Of Lieu |
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| DO I need a lawyer to file for a DIL? I placed my townhouse for sale in the market and the 90 days is up - what should be my next steps? Please help... |
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jameshogg

Joined: 20 Dec 2005
Posts: 4291 Location: nevada
509.34 Dollars($)
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Hi Zee,
Did you write a hardship letter to the lender and applied for a deed in lieu? Once the lender accepts your hardship letter and your request for a deed in lieu, he will tell you what next steps you need to take. You can always take the help of an attorney. He/she will be able to help you in understanding the documents that will be given to you by your lender.
Thanks |
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Kamila
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Post subject: Can bank collect difference |
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We purchased property as investment We want to know if after going through the deed in lieu, can the bank collect the difference after seling property? The property is in Florida.
Thank You |
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jameshogg

Joined: 20 Dec 2005
Posts: 4291 Location: nevada
509.34 Dollars($)
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Hi Kamila,
As it's a deed in lieu, the lender will not collect the deficient amount from you. The deficient amount will be forgiven but you should note that you will have to pay taxes on this forgiven amount.
Thanks |
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Luisa
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Post subject: DIL |
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| I live in CO, but own a house in UT which we were unable to sell before moving. It has lost significant value. We owe 280,000 but same house in neighborhood is on short sale for 199,000. If we did DIL of foreclosure, will we owe the difference between actual value and loan amt? |
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jameshogg

Joined: 20 Dec 2005
Posts: 4291 Location: nevada
509.34 Dollars($)
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Hi Luisa,
In a deed in lieu, the lender forgives the deficient amount resulting from the sale of the property. So you will not owe anything to the lender. But you should note that you will have to pay taxes on that forgiven amount.
Thanks |
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Marilyn Thornbury
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Post subject: Small hotel business |
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| I would like a loan modification rather than a foreclosure. I can I do that. |
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keyfla
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Post subject: DIL |
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| Can you use a deed in lieu of foreclosure on a mortgage on a residential lot? |
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smithsussane

Joined: 18 Sep 2008
Posts: 3709 Location: Alaska
556.69 Dollars($)
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Hi!
Welcome to forums!
To Marilyn,
You can contact your lender and check out if he agrees to a loan modification or not. In order to get a loan modification, you will have to be delinquent on your payments.
To keyfla,
Yes, deed in lieu foreclosure is available on a residential lot. You can contact your lender and apply for a deed in lieu. If the lender is convinced by your hardship, he will accept your request.
Feel free to ask if you have further queries.
Sussane |
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