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2019-11-05
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Home foreclosure usually is caused by a lien holder on the home's title enforcing its right to foreclose to collect what it's owed. ... Once a home is sold at a foreclosure sale auction, the previous owner's property rights are ended and the new owner takes title through a deed transfer.
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.
After a strategic default deed in lieu of foreclosure, the mandatory wait to get a new mortgage is four years for a conforming (Fannie Mae or Freddie Mac) loan under current regulations. You'll wait four to seven years for a jumbo loan.
A deed in lieu of foreclosure is a negotiated remedy between a defaulting borrower and a lender. The borrower transfers title to the property to the lender, and the lender cancels the foreclosure. ... (For more on deeds in lieu of foreclosure, see Steps to Completing a Deed in Lieu of Foreclosure.)
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.
Banks are under no obligation to accept a deed in lieu of foreclosure. Here are a few reasons why a bank might refuse a deed in lieu: ... Or, a second lender might accept a deed in lieu if the first loan is current and the property is worth more than the sum of its encumbrances. Servicing guidelines prohibit deeds in lieu.
If a foreclosure sale results in excess proceeds, the lender doesn't get to keep that money. The lender is entitled to an amount that's sufficient to pay off the outstanding balance of the loan plus the costs associated with the foreclosure and sale but no more.
Will I Get Money Back After a Foreclosure Sale? If a foreclosure sale results in excess proceeds, the lender doesn't get to keep that money. The lender is entitled to an amount that's sufficient to pay off the outstanding balance of the loan plus the costs associated with the foreclosure and sale but no more.
Regardless of your state's deficiency laws, if your home will sell at a foreclosure sale for more than what you owe, you will not be obligated to pay anything to your lender after foreclosure. Your lender is obligated to apply the sale price of your home to the mortgage debt.
See A.R.S. § 33-1807(A). Thus, the trial court correctly applied the mortgage statutes to award Everyone Wins the Excess Proceeds. Put simply, when the foreclosure of a junior lien generates excess sale proceeds, Everyone Wins.
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