The Commerce Journal,Business and Local Businesses
*The Commerce Journal>>>Renting & Real Estate

? about Deed in Lieu of Foreclosure?


General question- how does this work if you have a home equity loan as well as a mortgage?

yes, I have the original mortgage and a home equity loan on the same property.

When you have 2 different mortgages, you probably can not do a Deed in Lieu of Foreclosure, because each mortgage forbids you from transferring title during the terms of the loans, under penalty of mortgage principal acceleration. You are responsible for the payment of both mortgages and the promissory notes associated therewith.

If both mortgages are with the same lender and if foreclosure is imminent, you contact the appropriate department of the lender (probably the legal department), and ask them if they will take your Deed in Lieu of Foreclosure for a FULL release of BOTH mortgages AND cancellation of both promissory notes. That is, in exchange for your Deed for your property to the lender, the lender will decline foreclosure proceedings, and will give you 2 mortgage releases and 2 canceled notes (one for the primary mortgage loan and one for the equity mortgage loan). You should be represented by an attorney if you do this procedure.

You then have 2 mortgages on the same home. Both are on title.

Tags
  Germany Taxes   Canada Taxes   Australia Taxes   Small Business   Renting & Real Estate   Personal Finance   Investing   Insurance
Related information
  • Help with section 8?

    You dont get anything. You just pay a certain percentage of your income to the rent and section 8 pays the rest. So like if you make like 2000 per month, i think you have to pay about 500 to 600 ...

  • Price of a realtor?

    You are getting great answers! Yes, your agent will be paid for by the seller, but make sure your agent is more concerned about you and not the commission. Buyers agents are paid by the seller, bu...

  • Will the banks garnish my wages if they foreclose my two homes?

    Since these are investment properties the bank will most likely come after you for the remainder of the amount owed after they sell. For example, if you owe $500,000 for the 2 houses, the bank wil...

  • Where can I get a copy of an assignable contract. I have some deals that I want to get them under contract.?

    If you got some many deals, what about the legal way and get a lawyer to draw one up.

    ...
  • I Need A Cosigner?

    Usually when you file Ch7 you reaffirm your home loan that way you don't lose it. So you shouldn't need a co-signer... What you might want to do is talk to the attorney that handled yo...

  • Commercial lenders in CA?

    On what type of property.

    ...
  • Claiming Mortgage Interest on Home Question?

    You can claim the interest deduction if you paid it. You do not have to have a 1098. But you have to have evidence that you paid the interest. Your canceled checks constitute such evidence, or dedu...

  • My agent has mis-listed my house saying I'll reduce price PLUS add 3%-towards-closing, am I obligated if I get

    I would have to ask... did you sign anything that states that? If not, your Realtor may be on the hook for those costs. Anything put in print could cost you a great deal. I would recommend you ...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster