This deed, or deed-related form, is for use in property transactions in the designated state. This document, a sample Warranty Deed in Lieu of Foreclosure & Affidavit - Arizona, can be used in the transfer process or related task. Adapt the language to fit your circumstances. Available for download now in standard format(s).
Tucson Arizona Warranty Deed in Lieu of Foreclosure and Affidavit
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-REAL-10
Format:
Word;
Rich Text
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How to fill out Tucson Arizona Warranty Deed In Lieu Of Foreclosure And Affidavit?
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Less damage to your credit: A deed in lieu agreement stays on your credit report for 4 years while a foreclosure sticks around for 7 years. Taking a deed in lieu agreement can allow you to buy a new home sooner than if you go through a foreclosure.
According to Legal Zoom, a general warranty deed guarantees that: The grantor legally owns the property and has the legal right to transfer it. There are no outstanding mortgages, liens or other claims against the property by any creditor.
What is a major disadvantage to lenders of accepting a deed in lieu of foreclosure? It is an adverse element in the borrower's credit history. The lender takes the real estate subject to all junior liens. The process is lengthy and involves a lawsuit.
Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
The Arizona warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property.
Less damage to your credit: A deed in lieu agreement stays on your credit report for 4 years while a foreclosure sticks around for 7 years. Taking a deed in lieu agreement can allow you to buy a new home sooner than if you go through a foreclosure.
Nonetheless, a lender may reject a deed-in-lieu proposal by the borrower if the lender is concerned that the terms are unacceptable or if the lender will inherit encumbrances, judgments, or tax liens filed against the property.
This deed instrument allows homeowners to satisfy a mortgage loan that's at risk of defaulting, and, most importantly, avoid foreclosure proceedings. A deed in lieu can benefit both the borrower and lender, specifically by sparing both parties from an expensive and time-consuming foreclosure process.
One downside to a deed in lieu is that you may face taxes on the amount of your forgiven debt, which the IRS considers income. The taxable amount is the total debt at the time it was forgiven minus the fair market value of the home at that time.
A warranty deed is a legal document used when a piece of real estate is sold and the ownership is transferred from the grantor (seller) to the grantee (buyer). The form usually includes a description of the property and discloses all known encumbrances like easements, outstanding liens or judgments.
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