Understanding A Deed In Lieu Of Foreclosure

By: David Faulkner

In the state of Indiana banks and lending institutions which have mortgages likely to go into default have an alternative to traditional foreclosure in the form of a deed in lieu of foreclosure. If both parties involved in the mortgage agreement, the borrower and the lender agree to the transaction, the deed in lieu of foreclosure will give the home's owner the title to the property.

A deed in lieu of foreclosure requires the borrower to relinquish his or her rights in a property to the lender in exchange for being released from liabilities specifically named in the loan documents; a deed in lieu of foreclosure can often be the result of a settlement. The borrower is freed from having a foreclosure on his or her credit history.

How A Deed In Lieu Of Foreclosure Works

A lender will most often pursue a deed in lieu for foreclosure when the borrower lacks any assets to make pursuing a deficiency judgment worthwhile. If the property in question is worth more than the amount owed on it, the lender would be better off to simply liquidate the property rather than pursuing a deed in lieu of foreclosure.

Both the lender and borrower may decide to execute a deed in lieu of foreclosure as soon as the lender has decided to begin foreclosure proceedings. The entire process of securing a deed in lieu of foreclosure takes place outside the judicial system and is reached by a settlement out of court.

By agreeing to a deed in lieu of foreclosure, the lender will be able to assume title to the property immediately instead of having to wait for months for the foreclosure process to complete. The lender will save considerably on court costs and lawyers' fees as well, so the best and most economic course of action is often to seek a deed in lieu of foreclosure.

Before deciding to enter a deed in lieu of foreclosure, the lender will determine if the property is unencumbered and that the deed will eliminate the possibility of the mortgagee's lien and the mortgagor's fee simple title will remain separate.

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