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#1032865 - 09/02/08 06:49 PM Deed in lieu of foreclosure
Many Hats Offline
Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
We have been contacted by a borrower that is in default and he has indicated that he would like to deed over the property to our bank in lieu of foreclosure.

We haven't been lucky enough to have this happen yet, so is it as simple as having our bank attorney prepare a deed transfer?

Anything else we need to know? This is virgin territory for us.

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#1032875 - 09/02/08 07:01 PM Re: Deed in lieu of foreclosure Many Hats
1 Peter 5:7 Offline
Diamond Poster
1 Peter 5:7
Joined: Jun 2001
Posts: 1,339
TX
Time to call your counsel. Normally a borrower offering a deed in lieu will want you in exchange to forgive the debt and forego your right to any deficiency. Documentation-wise this takes the form of a debt settlement agreement done concurrently with the deed in lieu. I don't know if I'd consider the bank "lucky" at this point. There are times when a deed in lieu is not the best course for the lender. IMHO the borrower would have to be nearly judgment-proof for a lender to consider it. But then again in these times it's the bank's business decision to make. It could be the quickest and least cost recovery.
_________________________
Opinions are mine not my employer's, and should not be taken as legal advice.

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#1032876 - 09/02/08 07:03 PM Re: Deed in lieu of foreclosure Many Hats
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,875
Bloomington, IN
Speak to your attorney. In most cases if you accept a "deed in lieu of" you cannot hold the borrower responsible for any expenses and/or deficiency.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1032933 - 09/02/08 07:45 PM Re: Deed in lieu of foreclosure Dan Persfull
Dollye7 Offline
Gold Star
Dollye7
Joined: Jun 2006
Posts: 255
Southwest USA
Yep, call the attorney. Another consideration is title issues, like mechanics liens and municipal liens and other clouds on the title that would affect the value of the property.

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