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If the individual you offered residential or commercial property to on an owner financing loan no longer desires the residential or commercial property or can no longer pay for the residential or commercial property, a Deed in Lieu of Foreclosure might be a good alternative to take the residential or commercial property back and cancel the loan.
If you have a protected property loan, and the individual who owes you the cash does not pay the loan, you might need to foreclose your lien by offering the residential or commercial property at public auction. The cash received at the auction is applied to the loan.
A foreclosure can be costly and could lead to a lawsuit or insolvency.
Good to understand: An alternative to a public auction foreclosure is a Deed in Lieu of Foreclosure. The debtor simply transfers the residential or commercial property back to the lending institution and the loan provider cancels the debt. This is sometimes referred to as a "friendly foreclosure" or a "voluntary foreclosure." It can prevent suits and bankruptcy.
Basically, the customer simply provides the residential or commercial property back. The debtor signs a Deed in Lieu of Foreclosure, offers you the keys and moves out.
Note: Bear in mind, that the majority of mortgage business will not accept a Deed in Lieu of Foreclosure. If you owe cash to a mortgage company, a Deed in Lieu is seldom a choice. Regulations might require a mortgage business to foreclosure even though the Borrower no longer desires the residential or commercial property and does not live in the residential or commercial property anymore.
On the other hand, if you owe money to a friend, relative, or a private lender, you may be able to move the residential or commercial property back to the lending institution and cancel the financial obligation utilizing a Deed in Lieu of Foreclosure.
But all celebrations, Lender and Borrower must concur. The loan provider must accept accept the residential or commercial property AND the customer should accept move the residential or commercial property, return the secrets, and vacate the residential or commercial property.
Without this mutual arrangement, there can be no legitimate Deed in Lieu of Foreclosure. A Customer can not simply send by mail the mortgage business a Deed in Lieu of Foreclosure and anticipate the loan to be canceled.
A Debtor may acquire a Deed in Lieu of Foreclosure, sign it and mail it, however the mortgage business has the right to contradict the deed and continue with the foreclosure and expulsion process. It is a waste of cash for a Debtor to spend for a Deed in Lieu of Foreclosure without first getting the Lender's composed permission.
Good to know: Private lending institutions may prefer a Deed in Lieu of Foreclosure since they get the residential or commercial property back rapidly without danger of being sued or having the debtor file bankruptcy. In this case, the Borrower needs to let the Lender prepare and pay for the Deed in Lieu of Foreclosure.
Borrowers usually prefer to utilize a Deed in Lieu. It may keep the loan default off of their credit reports and it might prevent an eviction. The Borrower and Lender can just agree on an organized move out of the residential or commercial property.
Good to know: Sometimes the parties might consent to transform the loan to a rental agreement. The Borrower transfers the residential or commercial property back to the Lender and then leases it from the Lender.
deed in lieu
The term "Deed in Lieu" is just a much shorter way of stating Deed in Lieu of Foreclosure. Homeowners consent to sign a deed in lieu to avoid foreclosure. When a seller accepts this deed, the house owner is no longer obligated to repay the mortgage.
What is Deed in Lieu of Foreclosure
A Deed in Lieu of Foreclosure is a complex file and needs to be prepared by a lawyer. This is an official legal document used to give up property residential or commercial property from the Buyer back to the Lender or Seller.
A copy of the Promissory Note and Deed of Trust which was signed by the Borrower and which is being canceled will both require to be explained in the Deed in Lieu of Foreclosure.
By signing the Deed in Lieu of Foreclosure, the Borrower is lawfully moving title to the residential or commercial property back to the Lender in exchange for the cancelation of the overdue balance owed on the Promissory Note protected by the or commercial property.
By accepting the Deed in Lieu of Foreclosure, the Lender is legally accepting the residential or commercial property as payment in full of the unsettled balance due on the promissory note.
Deed in Lieu of Foreclosure in Texas
Using a Deed in Lieu of Foreclosure in Texas, the Lender keeps the right to conduct a "Friendly Foreclosure" after accepting the Deed in Lieu if other liens are discovered on the title to the residential or commercial property. These other liens might be second liens, home improvement liens, judgment liens, kid support liens and tax liens.
If other liens are found on the title to the residential or commercial property, the Lender with a Deed in Lieu of Foreclosure maintains the right to foreclosure its lien on the residential or commercial property which should "wipe out" or get rid of any liens submitted after the Lender's lien
Other liens might include the following:
Federal Tax Liens
Judgment Liens
Mechanic's Lien
Home Equity Liens
Even if a foreclosure is required after the Lender accepts a Deed in Lieu to get rid of liens or clear title, the charges for the foreclosure must be considerably less due to the fact that the Borrower has actually agreed not to contest or otherwise challenge the foreclosure. Also, the Borrower should not be able to apply for Federal Bankruptcy Protection to stop the sale of the residential or commercial property.
A contested foreclosure on a loan not owned by a mortgage company may cost as much as $1500 or more. If the Borrower files a lawsuit to stop the foreclosure, or apply for Federal Bankruptcy Protection, the legal fees along might increase, plus the Borrower will remain in the residential or commercial property without spending for the residential or commercial property.
A Deed in Lieu of Foreclosure costs $350. County recording charges are usually about $38.
Deed in lieu of foreclosure prepared for $350
Do you have questions about a Deed in Lieu of Foreclosure? Email lawyer Scott Steinbach straight at scott@texaspropertydeeds.com. Or call 972-960-1850.
R. Scott Steinbach is licensed in the state of Texas. Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law. AV Preeminent rated by Martindale-Hubble. Peer ranked for Highest Level of Professional Excellence.
Texas Residential Or Commercial Property Deeds is a service of The Steinbach Law Practice.
The Steinbach Law Office is a Texas Real Estate Law Practice. We prepare all documents for any realty deal in Texas.