Mortgage Forums Arrow Image Mortgage Problems and Solutions Forum

Deed in lieu helps you stay away from foreclosure

Author Message
anonymous (Jon)


Guest




Post     Post subject: rental home ,no Renters ,Can I walk away

I have a rental home ( bad investment property).Option arm loan ,well of course my initial idea like everybody else was to keep for a year or so and flip ,put the the profit against my personal residence that I paid too much for.
Can I just walkaway for the rental home ,give to the bank??What are the consequences.I can't afford to keep it(my work has slowed to about 50%).
The chances of renting it are slim ,can't get enough to cover the note.
Can I walk away ? how do I do that.
Jon
Mini Profile  sara

sara
Moderator

Joined: 05 Jul 2006
Posts: 1651
Location: New Brunswick, New Jersey
308.83 Dollars($)
Post     Post subject:

Hi Jon,

Walking away from the property is not a good option. If you walk away from the property, the lender will have the right to foreclose the property. If the lender forecloses the property, it will badly affect your credit score. Your credit score will be lowered by 250 points. Apart from this, the lender will have the right to place lien on your other property if the foreclosure sale does not satisfy the loan.

In my opinion, you should speak to the lender about your hardship and apply for a deed in lieu or short sale. If you want to save your credit, short sale is the best option.

Take Care.
Jahrmann


Guest




Post     Post subject: Deed in Lieu - do you have to wait?

Do you have to wait until you are in a default situation until you can call the lender and talk about a deed in lieu? What if you are up-to-date on your mortgage payments, but want to give the property back to the bank? Thanks!
Mini Profile  jameshogg

jameshogg


Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
Post     Post subject:

Hi Jahrmann,

Generally lenders do not accept a deed in lieu if you are current on your mortgage payments. However, you can definitely speak to the lender and try to negotiate with him so that he accepts a deed in lieu.

Thanks
Lyn


Guest




Post     Post subject: 1099 on a deed in lieu

I'm in the process of the deed in lieu. My lender told me that I'd be receiving a 1099, which is income that I'm going to have to file next year. Why is that? I lost money on the house and now I have to claim income on the property?
lou


Guest




Post     Post subject: foreclosure or deed in lieu

My parents are in their mid 80's and have found themselves in a negative amortization with no equity. They are moving into a retirement home out of state and can't sell their home. What will happen if they just walk away?
Their credit is not a concern at this point.
Mini Profile  jameshogg

jameshogg


Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
Post     Post subject:

Hi,

To Lyn,

In the process of deed in lieu, the lenders forgive the deficient amount resulting from the sale of the property. This is considered as your income by the IRS and thus you need to pay taxes on it.

To lou,

If they walk away from the property, the lender will foreclose the property. The lender will claim the deficient amount resulting from the sale of the property. If they cannot pay the deficient amount, the lender may place lien on their other property.

Thanks
worried


Guest




Post     Post subject: deed in lieu

How does a deed in lieu of foreclosure affect a second mortgage or lein?
Dara


Guest




Post     Post subject: deed in lieu

Wouldn't the Mortgage forgivness Debt Relief Act prevent youu from having to pay taxes on a Deed in Lieu?
Mini Profile  smithsussane

smith.sussane


Joined: 18 Sep 2008
Posts: 3627
Location: Alaska
541.91 Dollars($)
Post     Post subject:

Hi,

To worried!

Though your first lender accepts deed in lieu, you will still be liable to pay off the second lender's dues. If you do not pay the dues, he will have the right to charge off the dues to a collection agency who will in turn collect the dues from you.

To Dara!

Yes, depending upon your state laws, you will get tax relief due to the Mortgage Forgiveness Debt Relief Act.

Sussane
anonymouskc


Guest




Post     Post subject: deed in lieu and credit scores

How does deed in lieu affect crdit scores compared to bankruptcy?
Mini Profile  jameshogg

jameshogg


Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
Post     Post subject:

Hi anonymouskc,

In deed in lieu of foreclosure, your credit score will go down by 250 points whereas in bankruptcy, it will go down by 200-250 points. However, in deed in lieu, the deficient amount resulting from the sale of the property will be forgiven.

Thanks
saltman


Guest




Post     Post subject: Deed in lieu on investment property?

Hi Jessica:
I own an investment property that is now worth less than half what we paid for it. We have a 5/1 interest only mortgage that will begin adjusting in about a year. Our tenants just moved out and we will have to spend some additional $$ to get the house ready to rent again. We were breaking even on it previously, but if the payments go up, we will end up losing even more money.

We had been current on the payments, but stopped to get the bank to possibly negotiate with us. We are now 2 months behind. At this point, it seems to make sense to try and walk away from the property rather than putting additional money into it (throwing good money after bad). Sounds like a deed in lieu would be the way to try and do this if the bank will take the property back. I realize this will hurt my credit.

Is a deed in lieu really the best option or should we do something else?
Thanks!
Mini Profile  jerry

jerry
Moderator

Joined: 17 Oct 2005
Posts: 1754
Location: MICHIGAN
260.24 Dollars($)
Post     Post subject:

Hi saltman,

At this point deed-in-lieu seems to be the best option. Refinance doesn't necesarily increase your monthly payments, but if you are trying to do a cash-out refinance the payments can go up. A deed-in-lieu can stop the foreclosure, but it hurts your credit almost as much as a foreclosure does, dropping your credit by approximately 250 points.

If you want to keep the property, you can go for loan modification which can save you some valuable credit score and it can also reduce your monthly payments. However, you need to send the lender a hardship letter, convince them about your difficulties in making the payments and negotiate with them for a lower rate.

Thanks,

Jerry
AJ Effect


Guest




Post     Post subject: Foreclosure vs. Deed in Lui of

What are the pros and cons to a foreclosure vs. a "deed in lui of" for an investment property? How much worse can the foreclosure affect me?
 Previous  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39  Next  
Page 28 of 39

 
Ask Questions
Community Experts
Cliff Pape - market Analyst Cliff Pape
Market Analyst
Houston, Texas







Highlights
Related Readings
Bankruptcy
Mortgage Loan Modification
Mortgage after foreclosure
Avoid Foreclosure


Helpful References
Mortgage Terms
Mortgage News
Book Center
Mortgage Guide
Shop and Compare lenders


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool






DebtConsolidationCare    Insurance community: We Make You Insurance Smart    CreditMagic: Helping you build up credit


We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0