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Q: Can you get a mortgage less than two years after a deed in lieu?
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Can I surrender a home and not be in foreclosure?

Yes, it's called a Deed-In-Lieu of foreclosure. You agree to walk away from the home and deed the property back to the mortgage company. This will still have a negative impact on your credit, but not as bad as a foreclosure. Most of the time, a Deed-In-Lieu is a cheaper option for the mortgage company as well because of all of the additional attorney fees/costs associated with the foreclosure process. However, a lot of mortgage companies still have rather restrictive guidelines for accepting a Deed-In-Lieu, some of these restrictions may require the mortgage has already been delinquent for some time, and that the property has been listed for sale at fair market value for a minimum of time (usually 90 days). Because the mortgage industry is struggling, these guidelines are ever changing and often can be bypassed. Call your mortgage company to find out what their specific guidelines are for accepting a Deed-In-Lieu. If you haven't already put your home up for sale, it would be a good place to start. If you can get a reasonable offer, even if it's less than the mortgage, your mortgage company may accept a short sale, which will be better for your credit and will also save the mortgage company money.


Can you still do a deed in lieu once foreclosure papers were signed?

Majority of the time it depends on the investor of your loan as well as the company that services the mortgage. Most companies will require that you have deed in lieu paper work submitted a certain amount of time before a foreclosure sale.


How can you deed your home back to the mortgage company?

If you mean because you're in default and want to avoid foreclosure, it's called a "deed in lieu of foreclosure" and it's usually part of an overall agreement that hopefully also extinguishes the mortgage debt. Typically the mortgage company is not required to accept it. They drive the bus.....


How long will your credit be affected with a deed in lieu of foreclosure?

The item will remain on your report for 7 years.


What are the responsibilities of a homeowner after signing the Deed in Lieu of Foreclosure over to the mortgage company?

Be very careful with a Deed-in-Lieu....We had a VA mortgage and were only behind 15 days, but they continued to add late fees and extra costs so that it was impossible to catch up. We contacted a VA representative who told us it was better to do a Deed-in-Lieu...so we did. I sent all the information to the appropriate office 3 different times, twice with return receipt so I knew they had received it. As we thought everything was being taken care of...we were told by a friend that we were listed in the newspaper as a foreclosure. When we contacted VA and the mortgage company they said..too bad..they had already started the procedure. I told them that was not legal as we had filed a Deed-in-Lieu and all was recorded. They said they didn't care and foreclosed on us anyway. It destroyed our credit and not for only 7 years as they always state. It showed up 10yrs later and we still were turned down for credit because of it.....Good Luck but ask ALOT of questions before signing anything.

Related questions

In simple terms what does it mean to receive a deed in lieu of foreclosure?

A deed in lieu of foreclosure refers to the process of handing over a property deed to the mortgage financier and no longer having to pay the mortgage. The property now belongs to the company who financed the mortgage.


Can you do Deed in lieu after foreclosure?

deed in lieu after foreclosure?


Is a short sale a better option than a deed in lieu of foreclosure?

You can only use a short sale if you have a potential buyer for your house. If the buyer's offer is less than you owe the lender then it "comes up short." You send the lender a request for a short sale letter asking it to accept the buyers offer as payment in full. A "deed in lieu" is used when you don't have a buyer and you want the lender to accept the deed to the house instead (in lieu) of foreclosing. Generally, you can't use a deed in lieu if you have a 2nd mortgage or substantial liens on the property.


Why would a finance company charge off on a mortgage loan when they have the deed why and not foreclose on it instead?

There is a process called a Deed in Lieu, which is different than a foreclosure.


When a property goes through foreclosure can borrower do a deed in lieu prior to the end date of the redemption period?

When a Property goes into Foreclosure and a Sheriff sale date is posted, or if after the Sheriff sale and is during the redemption period a "Deed in Lieu" is always a possibility. The Mortgage lender must agree to accept this. A"Deed in lieu" is the process in which an owner would be surrendering the title to the lender. Again the Mortgage/lender must agree to this act.


I gave a Deed in Lieu to a family member on a mortgage that I did not pay. Can this transaction be thrown out in Bankruptcy Chapter 7 and the property reverts back to me?

Absolutely. And you can't give a deed in lieu to anyone other than the mortgage lender anyway. (A "deed in lieu of foreclosure" pretty much has to go to the one that is or could foreclose....no one else!) You give them the deed to the property that is secured by the mortgage (not a deed in lieu on a mortgage...which doesn't exist in any way). You can't give - or sell - the deed on the property without the mortgage lien and debt going along (and only then if the mortgage cos approve of the new one responsible for the mortgage anyway). Now of course to the court, these wildly crazy acts are going to look like you planned or attempted to play games and defraud the creditors - which if they don't want to have it pursued criminally (which is highly possible) at the very least will not put you in a good light with the ones in charge of your case. You really need to get expert help before you dig a bigger hole.


Can I surrender a home and not be in foreclosure?

Yes, it's called a Deed-In-Lieu of foreclosure. You agree to walk away from the home and deed the property back to the mortgage company. This will still have a negative impact on your credit, but not as bad as a foreclosure. Most of the time, a Deed-In-Lieu is a cheaper option for the mortgage company as well because of all of the additional attorney fees/costs associated with the foreclosure process. However, a lot of mortgage companies still have rather restrictive guidelines for accepting a Deed-In-Lieu, some of these restrictions may require the mortgage has already been delinquent for some time, and that the property has been listed for sale at fair market value for a minimum of time (usually 90 days). Because the mortgage industry is struggling, these guidelines are ever changing and often can be bypassed. Call your mortgage company to find out what their specific guidelines are for accepting a Deed-In-Lieu. If you haven't already put your home up for sale, it would be a good place to start. If you can get a reasonable offer, even if it's less than the mortgage, your mortgage company may accept a short sale, which will be better for your credit and will also save the mortgage company money.


Is there such a thing as a voluntary surrender of mortgaged property without foreclosure?

Yes. In Massachusetts and other states there is a procedure whereby the mortgagor gives the bank a deed in lieu of foreclosure. You should discuss a "deed in lieu of foreclosure" with the mortgage department of your lender.


Deed in lieu?

Often confused with a "short sell", a "deed in lieu" is used when a homeowner facing foreclosure asks the lender to accept the deed instead (in lieu) of foreclosure. A sample request for a deed in lieu can be found at the source below.


How does a Deed in Lieu Foreclosure affect Socia security benefits?

A Deed in Lieu Foreclosure can impact Social Security benefits if the forgiven debt is reported as income, potentially increasing the recipient's income and affecting benefit eligibility. It is important to consult with a tax professional to understand the implications on Social Security benefits.


Can a wife whose name is on the deed and the mortgage do a deed in lieu without the husband?

No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.


Can you still do a deed in lieu once foreclosure papers were signed?

Majority of the time it depends on the investor of your loan as well as the company that services the mortgage. Most companies will require that you have deed in lieu paper work submitted a certain amount of time before a foreclosure sale.