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A deed in lieu of foreclosure is exactly what the name implies. That is, instead of resorting to a costly and time-consuming foreclosure, an owner simply deeds the property to the lender in exchange for the forgiveness or payment of some or all of the debt owed by the borrower.
Generally, homeowners using short sales or deeds in lieu are required to pay tax on the amount of the forgiven debt?but not if they qualify for the Qualified Principal Residence Indebtedness (QPRI) exclusion. The QPRI exclusion was set to expire on January 1, 2021, but was extended to January 1, 2026.
A Deed in Lieu does not clear second (or even third) mortgages, and therefore will not allow the lender to take clear title to the property. (These are sometimes referred to as junior liens.) And if the Deed in Lieu is accepted, the secondary lender may come after you for the deficiency.
A Deed in Lieu does not clear second (or even third) mortgages, and therefore will not allow the lender to take clear title to the property. (These are sometimes referred to as junior liens.) And if the Deed in Lieu is accepted, the secondary lender may come after you for the deficiency.
A deed in lieu of foreclosure is a document that transfers the title of a property from the property owner to their lender in exchange for relief from the mortgage debt. Choosing a deed in lieu of foreclosure can be less damaging financially than going through a full foreclosure proceeding.
Advantages to a borrower in offering a lieu deed include, first, the release of the borrower and all other persons who may owe payment or the performance of other obligations secured by the mortgage. However, such persons remain liable if they agree to do so contemporaneously with the lieu deed transaction.
Drawbacks Of A Deed In Lieu No guarantee of acceptance: Your lender isn't obligated to accept your deed in lieu of foreclosure. Your credit will still take a hit: While a deed in lieu arrangement won't harm your credit as drastically as a foreclosure, you can still expect your score to drop.