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Through a deed in lieu of foreclosure, the homeowner and the mortgage lender come to an agreement where the homeowner surrenders the property's deed to the lender. In exchange, the lender will cease any foreclosure proceedings and cancel the mortgage loan.
Deed in Lieu of Foreclosure: You transfer title to the lender in exchange for cancellation of the remainder of your debt, but you lose any equity in the home and may have to pay taxes on the debt forgiven. A sale or a deed in lieu of foreclosure may be better than a foreclosure adversely affecting your credit.
Before the notice of default can be filed, the lender must give you at least 10 days' notice and another 30 days' notice before the foreclosure sale can take place by the sheriff. The sheriff will notify you by delivering a copy of the notice directly and by putting a handbill on the property itself.
With a deed in lieu, you simply give the property back to the bank and move out. In most cases, the lender will agree to forgive the balance on the loan if the property is worth less than you owe. Another advantage of a deed in lieu is that it won't harm your credit as much as a foreclosure.
A deed in lieu of foreclosure is the process of when a homeowner transfers the deed of their home to the lender, without the legal process of a foreclosure.