A deed in lieu of foreclosure has advantages for both a borrower and a lender. For both parties, the most attractive benefit is usually the avoidance of long, time-consuming, and costly foreclosure proceedings.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
A deed of trust can benefit the lender because it allows for a faster and simpler way to foreclose on a home — typically months or even years faster.
Yes. But it is usually a good idea to have someone with certain expertise in the field such as an attorney or title company prepare it for you to make sure it's correct.
The deed, when recorded, became a permanent part of the County property records. If you should lose your original deed, you may obtain a certified copy of your deed from the County Recorder in which the land is located. A county certified copy can be used in the place of the original.
Deeds in Pennsylvania and most states are available at county courthouses. If your home is quite old, you will want to begin with the Pennsylvania State Archives' Bureau of Land Records. There is a searchable Land Records index to locate records through the 19th century.
You can search for property records and property ownership information online, in person, or over the phone with a 311 representative. Property owners of all boroughs except Staten Island can visit ACRIS. To search documents for Staten Island property, visit the Richmond County Clerk's website.