When Should a Mortgage Lender Accept a Deed in Lieu of Foreclosure?

 Posted on May 20, 2022 in Mortgage Foreclosure

There are many situations where creditors will need to take action to address the nonpayment of debts. For mortgage lenders, these situations often lead to foreclosure, which can be a complicated and expensive process. However, there may be other options that will allow a lender to take possession of a property, including negotiating an arrangement in which a homeowner will turn over the deed to the home as a way to avoid foreclosure. By understanding when a deed in lieu of foreclosure may be advantageous, a lender can make sure they are taking the correct steps to protect their financial interests.

Benefits and Drawbacks of a Deed in Lieu of Foreclosure

Debtors may have multiple options for addressing delinquent mortgage payments. A mortgage lender may be able to negotiate loan modifications with a homeowner that will allow them to maintain ownership of the home and continue making affordable payments. If continued ownership of the home will not be possible, a debtor may seek a short sale in which the home will be sold for less than the amount owed on the mortgage. However, the best solution may be an agreement in which the debtor will voluntarily turn over the deed to the home to the lender. This may consist of a “cash for keys” arrangement in which the lender will pay a certain amount, and the debtor will vacate the home by a certain date. In some cases, the lender may even agree to lease the property to the debtor on a temporary or long-term basis.

A deed in lieu of foreclosure can often be a beneficial arrangement that will allow a lender to protect its financial interests while avoiding the legal complications of a foreclosure. The lender can quickly take possession of the property without the need to have the debtor removed from the home. Since a deed in lieu agreement will usually stipulate that a property must be in good condition, this may prevent the debtor from damaging the home or taking any actions that would reduce the value of the property.

However, lenders will also want to be aware of some situations where a deed in lieu of foreclosure may not be the best option. These include:

• The value of the home has decreased - If the current market value of the home is significantly less than the amount owed on the mortgage, taking possession of the property may result in financial losses for a lender. To avoid this, a lender may wish to complete a foreclosure and pursue a deficiency judgment against the debtor.
• There are liens against the property - Any liens by other parties, including tax liens, mechanic’s liens, or liens from other creditors, will become the responsibility of the lender once they take possession of the property. In these situations, it may not be advantageous to accept a deed in lieu of foreclosure.
• Damage to the home or property - If a home has been damaged by the homeowner, or if there are defects that will need to be repaired, taking possession of the home may not be beneficial for the lender, since these issues will need to be addressed before the home can be resold.

Contact Our Chicago Mortgage Lender Attorneys

At Dimand Walinski Law Offices, P.C., we provide representation for mortgage lenders and other creditors, and we can offer guidance on the best ways to handle cases where homeowners have failed to make mortgage payments. We can assist with foreclosures, and we can help determine when other solutions may be more financially advantageous. To learn about our debt collection services, contact our Cook County mortgage foreclosure lawyers at 312-704-0771.

Sources:

https://www.investopedia.com/terms/d/deed_in_lieu_of_foreclosure.asp

https://www.rocketmortgage.com/learn/deed-in-lieu