What is a Deed-in-Lieu of Foreclosure?

As of March 1st, Fannie Mae and Freddie Mac will allow homeowners to apply for a deed-in-lieu of foreclosure even if they have been making their mortgage payments on-time.  Until recently, the GSEs only allowed their borrowers to engage in a deed-in-lieu of foreclosure if they were more than 90 days delinquent.

What is a Deed-in-Lieu of Foreclosure?

It is a deed instrument in which the borrower conveys all interest in a real property to the lender in order to satisfy a loan that is in default. This is done in hopes of avoiding foreclosure proceedings. The deed-in-lieu of foreclosure has advantages for both the borrower and the lender.  The borrower is immediately released from most or all of their personal indebtedness that is associated with the defaulted loan.  Also, the borrower's credit is not hurt as much as it would be if they went through foreclosure.

Advantages for the lender include a reduction in the amount of time and money that is associated with a repossession. There is also a lower risk of the borrower exacting revenge by vandalizing the property before they are evicted.

It is considered a deed-in-lieu of foreclosure when the debt is secured by the real estate being transferred  Both the borrower and the lender are expected to enter the transaction voluntarily and in good faith.  However, if the borrower's outstanding debts are greater than the current fair value of the property, the lender may not proceed.

To summarize briefly, a deed-in-lieu of foreclosure basically means that the homeowner cannot afford their mortgage and are voluntarily giving their home back to the bank in exchange for wiping their debt clean. It does have a negative impact on credit scores, but sometimes it is the only option for some people.  It is quite possibly the fastest way that one can escape foreclosure.

To qualify, homeowners must be able to prove their hardships, such as the loss of a job, serious illness, or the death of a co-borrower. They must have a debt-to-income ratio of 55 percent or higher, and the property must be in good condition. This mortgage release option is best for those facing a hardship and will not be able to make their payments in the future. It is not expected than a large number of homeowners will suddenly apply for a deed-in-lieu of foreclosure though, especially since home prices are going up. It is up to each homeowner to decide if it is better for them to continue paying their mortgage for a few more years while home prices further improve, or take a hit to their credit now and move on.

If you find yourself unable to make your mortgage payments, be sure to carefully consider all of your options before making a decision. If you are unsure of what to do, we are willing to help assess your situation and answer your questions. Call us at 888-883-5252 for help.