Special offer

Can I Do a Deed in Lieu of Foreclosure Instead of Short Sale?

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Can I Do a Deed in Lieu of Foreclosure Instead of Short Sale?

When I speak with home owners in financial distress, the last thing they really want to contemplate is putting their home on the market.  Getting it cleaned up and ready for showings is stressful enough for a family excited to move to the next home.  In cases of Short Sales, the move is a necessity, not a desire, so listing can feel like a major pain.  And so I'm often asked, "Can I do a Deed in Lieu of Foreclosure instead of a Short Sale?"

Here's what I've learned in my experiences with mortgage banks.  Most banks will allow you to do a Deed in Lieu of Foreclosure only once the property has been listed with a REALTOR® for 120 days without an offer.  You can't make the home difficult to show, or discourage offers either.  Believe me, the bank really is doing their best to NOT get your home as inventory.  They would rather you do a Short Sale.

In Northern Virginia, putting your home on the market and priced right, in today's market, you can expect an offer within a week.  Forget thinking that you will be on the market four months with no offer.  

So the answer is this, you can pursue a Deed in Lieu of Foreclosure, only AFTER you've attempted to market your home for a Short Sale for four months with no offer.

 

Comments(8)

Kathy Stoltman
Ventura, CA
RETIRED

Very interesting Chris,

I have only heard of a few deed in lieu's here locally, I wonder now if we have the same requirement to list a  home as a short sale before a deed in lieu is granted.  And as you say, we would get an offer immediately and would certainly hope the seller's lender would work with the short sale to the end and not grant the deed in lieu.

Mar 25, 2013 09:47 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Chris Ann, it makes sense that a lender would prefer a short sale to acquiring the property through a Deed in Lieu.  I'm pretty sure the lender doesn't want the responsibility or expense of owning and maintaining the home.  In CA a Deed in Lieu of doesn't extinguish junior liens, so the acquiring lender is still responsible for paying junior liens in addition to prop taxes, insurance, maintenance costs and possibly HOA dues.  Help the owner short sell it.  You're good at that.

Mar 25, 2013 02:03 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Kathy:  If the lender didn't accept it, there's a greater likelihood they would have the seller remarket as Short Sale than accept the Deed in Lieu.

Lloyd: Yes.  Short Sales have become a specialty of mine.

Mar 26, 2013 02:00 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Chris Ann there are some banks who push this on the home owners trying to by pass agents, it is not a recommended first choice by any means when short sales have become so much easier these days.

Mar 26, 2013 08:41 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Chris Ann - Great information and you bring up a great point, most sellers won't have to be bothered with showings for very long.

Mar 26, 2013 11:19 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Scott:  I don't see how asking them to list it with an agent first for 120 days is bypassing agents?  I don't think most banks want to do Deeds in Lieu.

Michelle:  At the moment, most markets are definitely low inventory situations so even Short Sales don't stay on the market long.

Mar 27, 2013 02:51 AM
Kwee Huset
Kwee Huset Realty - Venice, FL
Venice Florida Homes For Sale

Hi Chris Ann,  there are some loan servicers do not make sense, they rejected short sale offer and preferred Deeds in Lieu foreclosure.

Apr 13, 2013 09:52 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Kwee:  I've never run into any that won't ask the home owner to market the home for sale for 120 days first.

Apr 14, 2013 02:20 AM