smithsussane

Joined: 18 Sep 2008
Posts: 10030 Location: Alaska
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cliff3
 Community Expert

Joined: 05 May 2008
Posts: 328 Location: Houston
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Posted: Fri Oct 17, 2008 12:15 pm Post subject:
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Hi Dbrieff,
Please note the following information about a Deed In Lieu:
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 there to be no other liens against the property at all.
• The property should still be occupied, unless you provide documentation that can verify your need to vacate the property, i.e. loss of income, increased living expenses.
• The property is not a rental investment, nor used as a rental for more than 12 months.
Yes, a short sale is another option that you may qualify for. You still need to be talking to someone in the Loss Mitigation department at your lender. This department will be able to tell you what workout options that you may qualify for to stop the Foreclosure. Your workout options do include the Deed In Lieu, if you qualify.
Just be sure to be talking to your lender, and make sure you are talking to the person in the Loss Mitigation department who has been assigned to your file. Some of the other workout options that you need to see if you qualify for to stop the Foreclosure include a repayment plan, forbearance, and loan modification. Speak to your lender about any and all options that you may qualify for.
Good Luck.  _________________ Cliff Pape
Market Analyst
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