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Cher
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Post subject: Deed in Lieu |
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My husband and I are considering a deed in lieu however, we cannot get
the mortgage holder to return our telephone calls so we can start the process. We cannot afford the house payments and we are considering just moving out of the house and letting the bank do what they must. Do you have any advice or who can we contact to lodge a complaint about the lender? |
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adonis

Joined: 22 Oct 2005
Posts: 10242 Location: ALASKA
1042.50 Dollars($)
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Welcome,
To Zee,
You can negotiate with your lender yourself. You can write a hardship letter to the lender and check out if he agrees for a deed in lieu. However, if you are not comfortable in negotiating with your lender, then you can contact an attorney so that he can negotiate with your lender.
To Cher,
If you walk away from the property, then the lender would foreclose it and sue you for the deficient amount. You can write a certified letter to the lender requesting for a deed in lieu of foreclosure. I don't think lodging a complaint against the lender would be of any help. _________________ Procrastination is the enemy of your financial success |
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oly
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Post subject: Deed in lieu |
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I have a second home that I tried to sell just before the market fell out so I was unable to sell. I rented it out at a big loss thinking I could wait out the housing market but in the past 2 years the house lost so much value I am now upside down on it. I applied for a mod with my lender but they denied it.
I can' t continue making the payments even though I'm current on the mortgage because my business has declined in the past 2 years. I don't have and second liens on the home.
Would it be better for me to try to short sell this house which is currently rented or convey in a deed in lieu?? Should I contact my bank about that or a lawyer? |
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gmakerley
 Community Mentor

Joined: 09 Nov 2007
Posts: 12330 Location: bloomfield, ct
50.03 Dollars($)
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you'll want to deal with your lender. if you need an advocate to assist you, you can certainly deal with an attorney, but you will also do well to check the hud.gov website and search for a counseling service (urban league, for example) in your area that can be of assistance. _________________ George M. Akerley
Independent Contractor - Mortgage Consultant
Word of Excellence Editing/Writing/Proofreading
860-221-5044
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bc
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Post subject: deed in lieu of foreclosure |
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| what are the renters rights as a tenant in a property where the landlord is using the steps in lieu of foreclosure? |
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adonis

Joined: 22 Oct 2005
Posts: 10242 Location: ALASKA
1042.50 Dollars($)
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Hey bc,
If your landlord is planning for a deed in lieu of foreclosure, he should inform you about it so that you, the renter, get time to move out of the property and look out for a new place to live in. As a renter, you may even negotiate with the lender and check if he would allow you to rent that property. _________________ Procrastination is the enemy of your financial success |
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anonymouss
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Post subject: Notice of Deed / Deed in Lieu of Foreclosure |
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| I paid my loan on time when I could. I have not been able to work for four years. My income has dropped, I receive disability and I have missed over 6 mortgage payments. My mortgage company has filed a N.O.D. to sale in a month. Can I request a deed in lieu of foreclosure? |
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gmakerley
 Community Mentor

Joined: 09 Nov 2007
Posts: 12330 Location: bloomfield, ct
50.03 Dollars($)
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you sure can, anon...you are best served to respond to the notice of foreclosure right away - have discussions with your lender if you haven't already. i'm hoping you've been in contact, and that you're not too late. _________________ George M. Akerley
Independent Contractor - Mortgage Consultant
Word of Excellence Editing/Writing/Proofreading
860-221-5044
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Realgeni

Joined: 13 Apr 2009
Posts: 1434
99.76 Dollars($)
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smh
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Post subject: deed in lieu |
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| Why would the lender take a deed in lieu rather than forclose? How does one go about initiating this process? |
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sara
 Moderator
Joined: 05 Jul 2006
Posts: 2645 Location: New Brunswick, New Jersey
488.43 Dollars($)
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Hi,
It is totally the discretion of the lender whether or not he would accept your deed in lieu of foreclosure. As far as initiating the process is concerned, you need to contact the lender and submit a hardship letter. The hardship letter should inform the lender about your financial crisis. The lender will judge your situation depending upon your letter and then would decide whether or not he would accept your request.
Take care. |
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janjobo
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Post subject: Deed In Lieu vs foreclosure |
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We own a property that is not selling and we can no longer afford the mtg. (We had a business within the property which has gone out of business and we can't seem to lease the property out either)
If we give to bank deed in lieu will we be responsible for balance due if they sell at a loss? VS..if we are foreclosed on, will we be responsible for the loss if they can't sell for mtg. owed?
We can't take the chance that we may still owe a large amount of $$ on the property. |
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sara
 Moderator
Joined: 05 Jul 2006
Posts: 2645 Location: New Brunswick, New Jersey
488.43 Dollars($)
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Hi janjobo,
In case of a deed in lieu, the lender forgives the deficient amount resulting from the sale. However, if the property is foreclosed upon by the lender, then he can sue you for the deficient amount. If you cannot pay off the deficient amount, the lender can place a lien on your other properties. If you want to avoid paying the deficient amount, then it's better to go for deed in lieu of foreclosure. You will not have to pay the taxes on the forgiven amount as per the Mortgage Debt Relief Act.
Take care. |
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jimsan
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Post subject: short sale to rent |
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| We just short-saled our rental (mistake adj loan, upside down), and are working with a debt settlement company on 70K revolving. After that, we will still be "insolvent" with 200K negative on primary home, 20K in taxes, 40K in other loans, and 150K inupcoming student loans. Should we short sale the residence, save 2K/mth by renting for three years, and pay down as much debt as possible? I still make good income, but we can show house payment ratio higher than 33% and no net worth. Thanks |
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sunnyca2009

Joined: 04 Aug 2009
Posts: 1731
35.55 Dollars($)
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