Deed in Lieu of Foreclosure

Mortgage and Lending with Jacob Dean Mortgage

Deed in Lieu of Foreclosure

Forty-four of the 50 States allow the lender to receive a Deficiency Judgment against the borrower for any loss they suffer from the results of funding a loan on their home.

The 6 States that do not allow deficiency judgments are: California, Minnesota, Mississippi, Montana, North Dakota and West Virginia.

Under some conditions lenders will accept the property back from the borrower as full payment in order to save the time and expense of going through the foreclosure process.

Our job is to convince the lender it's in their best interest to accept the property as payment in full.

This is not a simple plan as we must provide the lender with a complex detailed analysis of current value of the property --and future value. Then we must prove that the borrower cannot afford to make payment or sell the home any time soon or at all.

Note a deed in lieu will also prevent the lender from filing a 1099 on their loss which is regular income to the borrower.

Comments (3)

Michael & Stacy Spickes
America's Home Rescue (2008 & 2009 NAR Convention Speakers) - Austin, TX

Short Sales: Countering the Threat of a Deficiency Judgment

In a Short Sale, in order to be in compliance with the IRS, the lender must send a Form 1099C (Cancellation of Debt) to the borrower for the difference of what was owed and what the house sold for.  If, by law, they have the send a Form 1099C, then how can there be a deficiency judgment if it's a cancellation of debt?  Both can't happen at the same time.  Most loss mitigation reps will no idea how to counter this question!  Don't let them threaten you and/or your client with a deficiency judgment!

Michael Spickes

America's Home Rescue

Nov 20, 2007 03:23 AM
Find a Notary Public needAnotary
QEC Internet Services - Long Beach, CA
The 1099C will create a nightmare for an individual already struggling with financial issues.  my experience is that a Deed in Lieu is a option but is usually the last option, unless it will be a difficult property to market. 
Nov 20, 2007 03:38 AM
Brian Piper
Jacob Dean Mortgage - Vienna, VA
The biggest benefit to both lender and owner of a Deed-in Lieu transaction is the quick turn-around time. Waiting 45-60 days just to see if the short-sale package is approved almost guarantees foreclosure. Obviously, the closer the owner is to being able to break even with the lender, the better chance the short sale will be approved, provided the new buyer qualifies and is acceptable to the lender. 
Nov 25, 2007 12:33 PM