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A deed in lieu stays on the credit report for up to seven years, the same as a foreclosure. The deed is handed over to the lender, and the lender, in return, forgives the money still owed on the home loan. Eventually, the lender tries to sell the home and use the proceeds to recoup its losses.
People can just let the home go to foreclosure, and this will affect their scores for seven years. Or they can do a deed in lieu of foreclosure. With a deed in lieu, you voluntarily give your home to the lender in exchange for the cancellation of your loan. This, too, can create a negative mark on your credit history.
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.
Tax Consequences of a Deed in Lieu A deed in lieu is exchanged for the lender canceling the borrower's debt. Generally the IRS treats canceled debt as taxable ordinary income. Additionally, this tax relief may be available if the borrower can establish it was insolvent at the time the deed in lieu was made.
A deed in lieu of foreclosure is a transaction in which the homeowner voluntarily transfers title to the property to the bank in exchange for a release from the mortgage obligation. Generally, the bank will only approve a deed in lieu of foreclosure if there aren't any other liens on the property.
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 sometimes offer homeowners the option of a deed in lieu of foreclosure rather than approve a short sale as a means of loss mitigation. And it's generally a less expensive and faster option than foreclosure, which requires litigation in many states.
It's wise to expect around 90-days for processing time. Some DIL programs help you get back on your feet. You may be able to live in your home for three months rent-free, or you might receive relocation assistance (typically up to $3,000) to ease your transition.
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