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Contact your lender, explain your situation, and ask to begin the DIL process. Provide documents that show your income, monthly expenses, and bank account balances. Respond to requests for additional details, and allow time for your lender to process your request.
In most cases, a deed in lieu will appear on your report as a debt settled for less, and this information will camp there for seven years, affecting your credit score. But you might still qualify for another mortgage within three years or so, while you would have to wait as long as seven years after a foreclosure.
In a deed in lieu transaction, a homeowner who's facing a foreclosure gives up all legal rights to the home in exchange for being absolved of all obligations associated with the loan. In other words, the lender agrees to take ownership of the home in exchange for agreeing not to foreclose.
Generally, homeowners using short sales or deeds in lieu are required to pay tax on the amount of the forgiven debt but not if they qualify for the Qualified Principal Residence Indebtedness (PRI) exclusion.
The impact that a deed in lieu has on your score depends primarily on your credit history. According to FICO, if you start with a score of around 780, a deed in lieu (without a deficiency balance) shaves 105 to 125 points off your score. But if you start with a score of 680, you'll lose 50 to 70 points.
Why Banks Offer Deeds in Lieu And it's generally a less expensive and faster option than foreclosure, which requires litigation in many states. A deed in lieu can favor the bank more than it favors the homeowner.
In order to be considered a deed in lieu of foreclosure, the indebtedness must be secured by the real estate being transferred. Both sides must enter into the transaction voluntarily and in good faith.
A deed in lieu of foreclosure can be very beneficial to both a lender and a borrower, enabling both to avoid the time and expense of foreclosure. The lender must make sure that accepting a lieu deed is a good choice in the given situation.
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