Skip to content

  • Projects
  • Groups
  • Snippets
  • Help
    • Loading...
    • Help
    • Support
    • Submit feedback
    • Contribute to GitLab
  • Sign in / Register
L
lewisandcorealty
  • Project
    • Project
    • Details
    • Activity
    • Cycle Analytics
  • Issues 1
    • Issues 1
    • List
    • Boards
    • Labels
    • Milestones
  • Merge Requests 0
    • Merge Requests 0
  • CI / CD
    • CI / CD
    • Pipelines
    • Jobs
    • Schedules
  • Wiki
    • Wiki
  • Snippets
    • Snippets
  • Members
    • Members
  • Collapse sidebar
  • Activity
  • Create a new issue
  • Jobs
  • Issue Boards
  • Arron Scheffel
  • lewisandcorealty
  • Issues
  • #1

Closed
Open
Opened Jun 13, 2025 by Arron Scheffel@arronscheffel
  • Report abuse
  • New issue
Report abuse New issue

What is a Deed-in-Lieu of Foreclosure?

remax.com
What Is a Deed-in-Lieu of Foreclosure?

Why utilize LendingTree?

A deed in lieu of foreclosure includes a property owner transferring ownership of their home to their mortgage lender instead (" in lieu") of going through the foreclosure procedure. It's just one way to avoid foreclosure, nevertheless, and isn't ideal for everybody facing troubles making their mortgage payments.

How a deed in lieu of foreclosure works

A deed in lieu of foreclosure - likewise called a "mortgage release" - permits you to avoid the foreclosure procedure by launching you from your mortgage payment obligation. You voluntarily quit ownership of your home to your lender, and in doing so may be able to:

- Stay in the house longer

  • Avoid paying the difference in between your home's worth and your exceptional loan balance
  • Get aid covering your moving expenses

    Lenders aren't bound to agree to a deed in lieu, but they typically do to prevent the longer and more expensive foreclosure procedure.

    Does a deed-in-lieu affect your credit?

    Yes, a deed in lieu will adversely affect your credit report and that effect will be approximately the like the effect of a short sale or foreclosure. That's one factor why a deed in lieu is normally a last hope option. If you're eligible for a re-finance, mortgage adjustment, forbearance, lump-sum reinstatement or brief sale, you must pursue those choices initially.

    Deed in lieu of foreclosure process: 4 steps

    1. Connect to your lending institution.

    Let them know the details of your circumstance which you're considering a deed in lieu. You'll then submit an application and submit supporting documentation about your earnings and costs.

    Based upon your application, the loan provider will examine:

    - Your home's existing value
  • Your outstanding mortgage balance
  • Your monetary challenge
  • Your other liens on the residential or commercial property, if any

    2. Create an exit plan.

    If your loan provider consents to the deed in lieu, you'll work with them to determine the very best way for you to transition out of homeownership.

    For instance, if you get a Fannie Mae mortgage release, your choices will consist of leaving the home immediately, living there for approximately 3 months rent-free or leasing the home for 12 months. The loan provider might require that you try to offer the house before the deed in lieu can continue.

    3. Transfer ownership.

    To complete the process you'll sign files that transfer the residential or commercial property to your lending institution:

    - A deed, the legal document that allows you to move ownership (or "legal title") of the residential or commercial property to another person.
  • An estoppel affidavit, which define in information what you and your loan provider are accepting. If your loan provider accepts forgive your deficiency - the distinction between your home's worth and your impressive loan amount - the estoppel affidavit will likewise show this.

    Once you sign these, the home belongs to your lending institution and you won't be able to reclaim ownership.

    4. Assess your tax situation.

    If your lender agreed to forgive a part of your mortgage debt as part of the deed in lieu, you may have to pay income tax on that forgiven financial obligation. You might avoid this tax if you receive exemption under the Consolidated Appropriations Act (CAA). If you believe you certify, consult a tax specialist who can help you pin down all the information.

    If you don't qualify, be mindful that the IRS will understand about the earnings, given that your lender is needed to report it on Form 1099-C.

    Benefits and drawbacks of a deed in lieu of foreclosure

    Pros

    - Your impressive mortgage debt may be forgiven
  • You might get several thousand dollars in in relocation help
  • You may certify to remain in the home for approximately a year as a tenant
  • You'll have some personal privacy, because the deed in lieu arrangement isn't a matter of public record
  • You'll prevent the possibility of expulsion

    Cons

    - You'll lose ownership of your residential or commercial property and need to vacate
  • Your credit report will show the deed in lieu for 7 years
  • Your credit rating may visit 50 to 125 points typically
  • You might have to pay the difference between your home's worth and mortgage balance
  • You may need to pay taxes on any financial obligation your loan provider forgives as a part of the deed in lieu arrangement

    What can prevent you from getting a deed in lieu?

    Here are common issues that make a deed in lieu inappropriate to lots of lenders:

    - Encumbrances, tax liens or judgments versus the residential or commercial property. Banks often do not desire to consent to a deed in lieu when the residential or commercial property has any legal action other than the initial mortgage attached to it. In those cases, the lending institution has a reward to go through foreclosure, as it'll eliminate at least a few of these (for example, a foreclosure would clear any liens besides the original loan).
  • Payment requirements. If the loan is owned by a mortgage-backed security, it's possible that it has a pooling and servicing arrangement (PSA) connected to it. If it does, the borrower may be required to pay some quantity towards the financial obligation in order for the owners of the mortgage-backed security to consent to a deed in lieu.
  • Low home value. If your home has substantially depreciated in value, it may not make financial sense for the lending institution to concur to a deed in lieu. Lenders may pursue foreclosure rather if you're providing to hand over a house that has extremely little value, needs substantial repairs or isn't sellable.

    Foreclosure or deed in lieu: Which is right for me?

    - Typically triggers your FICO Score to visit approximately 160 points
    - Will stay on your credit report for up to 7 years.

- Typically causes your FICO Score to come by 50 to 125 points.
- Will remain on your credit report for approximately 7 years, but you may be able to receive a new mortgage in as low as 2 years.
A deed in lieu may make sense for you if:

- You're currently behind on your mortgage payments or expect to fall behind in the future. - You're dealing with a long-lasting monetary hardship. - You're underwater on your mortgage (significance that your loan balance is greater than the home's value). - You've just recently applied for personal bankruptcy. - You either can't or do not want to sell your home. - You do not have a great deal of equity in the home.

Foreclosure may make more sense for you if:

- You have significant equity - You have liens, encumbrances or judgments against the residential or commercial property - Your loan provider isn't providing concessions, like moving assistance, more time in the home or release from your responsibility to pay the deficiency

Another alternative to foreclosure: Short sale

As pointed out above, many people pursue a refinance, loan adjustment, mortgage forbearance or brief sale before a deed in lieu. All of these alternatives, excluding a short sale, will allow you to stay in your home.

Deed in lieu vs. short sale

A brief sale indicates you're selling your home for less than what you owe on your mortgage. This may be an option if you're undersea on your home and are having difficulty selling it for an amount that would settle your mortgage.

However, with a deed in lieu, you transfer ownership directly to your lending institution and not a normal property buyer.

- You must get approval from your lending institution
- You should get approval from your lending institution
- Ownership transfers to the lending institution
- Ownership transfers to a purchaser
- You might owe the difference in between your home's evaluated worth and loan amount
- You may owe the difference in between your home's list prices and loan quantity
- You may get approved for moving support
- You may get approved for relocation support
- Fairly uncomplicated and takes around 90 days
- Complex and usually takes over 3 months
- Your credit history might visit 50 to 125 points
- Your credit rating might stop by 85 to 160 points
Moving on after a deed in lieu of foreclosure

You might feel hopeless about your capability to buy a home once again after signing a deed in lieu or losing a home to foreclosure. But fortunately is that, as long as you recover financially, you'll have the ability to receive a mortgage after a foreclosure or deed in lieu.

Each loan type has its own mandatory waiting periods and certification requirements for buyers who have a deed in lieu on their record, noted in the table below. Most waiting periods are the same for a deed in lieu and a foreclosure.

View mortgage loan uses from approximately 5 lending institutions in minutes

Advertising Disclosures

Disclosure 1

Free LendingTree Services - Disclosure current since 20-May-24

LendingTree is compensated by business on this site and this compensation may impact how and where offers appear on this website (such as the order). LendingTree does not include all lending institutions, savings products, or loan options offered in the marketplace.

What portion of LendingTree's services in connection with my loan request is complimentary?

There is no charge to submit a loan request, get matched with loan providers and receive conditional loan offers or quotes. You may review the conditional loan deals or quotes and speak with the loan providers at no charge. Of course, the loan provider you pick might need a fee to process your formal loan application, appraisal, and/or credit report, but up until you agree to pay the lender any fee(s), you may shop with LendingTree at no cost.

How does LendingTree make money?

LendingTree does not charge you, the consumer, a cost for its services. Who pays our costs? The lending institution. Naturally, you will be accountable for paying any loan processing, closing costs or other charges to the loan provider with whom you close.

LendingTree Advertisement Disclosure:

LENDINGTREE, LLC IS A MARKETING LEAD GENERATOR AND IS A DULY LICENSED MORTGAGE BROKER, AS REQUIRED BY LAW, WITH ITS MAIN OFFICE LOCATED AT 1415 VANTAGE PARK DRIVE, SUITE 700, CHARLOTTE, NC 28203, PHONE NUMBER 1-800-555-8733.

For a current list of suitable state licensing and disclosures, click Licenses and Disclosures or require information.

LendingTree, LLC NMLS Unique Identifier # 1136; AL Mortgage Brokers License # 8694; AK Mortgage Broker/Lender License #AK 1136; AZ Mortgage Broker License # 0902469; AR Mortgage Broker License # 24441; CA Department of Financial Protection & Innovation, CA Financing Law License # 6037234; CO Mortgage Company Registration Regulated by the Division of Real Estate, NMLS ID # 1136; CT Mortgage Broker License # 4164 - MORTGAGE BROKER ONLY, NOT A MORTGAGE LENDER OR MORTGAGE CORRESPONDENT LENDER; CT Small Loan Company License #SLC -1136; DE Broker License # 010996; DC Mortgage Broker License #MLB 1136; FL Mortgage Broker License #MBR 1298; GA Mortgage Broker/Processor License/Registration # 12989; HI Mortgage Loan Originator Company License #HI -1136; ID Mortgage Broker/Lender License #MBL -893; IL Residential Mortgage License #MB.0005433; IN-SOS Loan Broker License # 1136; IA Mortgage Broker License # 741; KS Mortgage Company License #MC.0002279; KY Mortgage Broker License #MB 17994; LA Residential Mortgage Lending License # 189; ME Loan Broker License # 1136; MD Mortgage Lender License # 1136; MA Mortgage Broker License #MB 1136 - LendingTree arranges however does not make loans; MA Small Lender License #SL 0533; MI 1st Mortgage Broker License #FL 0016258, 2nd Mortgage Broker Registrant #SR 0016259; MN Residential Mortgage Originator License #MN-MO-40127258; MS Mortgage Broker License # 1136; MO Mortgage Company License # 1136, NMLS # 1136, 4509 Lemay Ferry Rd., St. Louis, MO 63129; MT Mortgage Broker License # 1097; NE Mortgage Banker License # 1517; NV Mortgage Company License # 1698, NV Bus. ID NV20051235630, Las Vegas Bus. License #P 50-02291; NH Mortgage Broker License # 1136MBR; NH Small Loan Lender License # 1136SM; NJ Residential Mortgage Broker License # 0801779 - LendingTree does not make mortgage loans or commitments or fund any mortgage loans; NM Mortgage Loan Company License # 00395; NM Small Lender License # 2048; NY - LT Technologies in lieu of real name LendingTree, LLC, Registered Mortgage Broker - NYS Department of Financial Services License #RMB 208974 - LendingTree arranges mortgage loans with third-party suppliers; NC Mortgage Broker License #B -113401; ND Residential Mortgage Lender License #ML 104625; ND Money Broker License #MB 100817; OH Residential Mortgage Lending Act Certificate of Registration #RM.802159.000, 1210 Louden St. # 2, Cincinnati, OH 45202; OK Mortgage Broker License #MB 002490; OK Credit Services Organization License #CSO 00394; OR Mortgage Lending License #ML -1862; OR Consumer Finance License # 0420-001-C; PA Mortgage Broker License # 20298; RI Loan Broker License # 20062113LB; SC Mortgage Broker License #MB -0504600, SC Branch Location NMLS ID # 234375; SD Foreign Corporation Entity #FL 002607; SD Mortgage Brokerage License # 1136. MB; TN Mortgage License # 1136; TN Industrial Loan and Thrift Company Registration # 1136; TX SML Mortgage Company License, NMLS ID # 1136, Mr. Shan Guo Residential Mortgage Loan Originator # 300978, 6300 Stonewood Dr, Ste. 406, Plano, TX 75024; UT DRE Mortgage Entity License # 5489470-NMLC; VT Mortgage Broker License # 0055 MB; VA Mortgage Broker License #MC -1052; WA Mortgage Broker License #MB -1136; WV Mortgage Broker License #MB -20020; WI Mortgage Broker License # 2630BR; WY Mortgage Broker License # 838. Licensing details last amended on 02-Apr-25.
remax.com
Advertised Terms and Information

- The details and disclosures above connect to marketed terms made by or through LendingTree. - Rates of interest and terms are from a lender or lending institutions with whom LendingTree may match you and that provide the particular product. The disclosures are existing as of the date indicated. - LendingTree is not a lender in any transaction and does not make loans, loan commitments or lock-rates. All credit choices, including loan approval and the conditional rates and terms you are used, are the obligation of the taking part loan providers and will differ based upon your loan demand, your specific monetary circumstance, and criteria determined by the lending institutions to whom you are matched. Not all customers will get approved for the advertised rates and terms. APR may remain in lieu of refunds or incentives. Dealer involvement might impact consumer expense. - You might not be matched with a lender making a particular conditional loan offer, and LendingTree does not guarantee that any lending institution will make you a conditional loan deal. LendingTree arranges for numerous conditional loan offers through its network of nonaffiliated loan providers. See the Terms of Use Agreement for more details. The Regards To Use Agreement governs these marketed Terms and Information. - FICO rating suggests the FICO credit rating report that a lending institution receives from a consumer reporting agency.
Assignee
Assign to
None
Milestone
None
Assign milestone
Time tracking
None
Due date
None
0
Labels
None
Assign labels
  • View project labels
Reference: arronscheffel/lewisandcorealty#1