Avoiding foreclosure: deed in lieu, short sale or bankruptcy

On Behalf of | Jun 26, 2023 | Business & Commercial Bankruptcy |

Avoiding foreclosure can be a daunting task for homeowners facing financial difficulties. Two options that may help you steer clear of foreclosure are a deed in lieu and a short sale. Let’s explore what these options entail and how they can be beneficial.

Deed in lieu

A deed instead of foreclosure is a voluntary agreement between the homeowner and the lender. Instead of going through the foreclosure process, the homeowner transfers the property’s deed to the lender. This option is worth considering if you are not eligible for a loan modification or other workout agreement. While it can provide a fresh start, it’s important to note that your credit score may still take a hit, typically between 50 and 125 points. Additionally, be prepared for potential tax implications on any forgiven debt.

Short sale

On the other hand, a short sale involves selling your home for less than what you owe on your mortgage. The lender must agree to accept the proceeds as full payment. However, a short sale should only be considered as a last resort. It can negatively impact your credit score and lead to a deficiency judgment, where the lender sues you for the remaining loan balance. To increase your chances of success, gather all the necessary documents and provide a compelling justification for why a short sale is in the best interest of everyone involved.

File for bankruptcy

Another option is to file for bankruptcy. Chapter 13 bankruptcy allows property owners to repay their overdue mortgage debt over three to five years. On the other hand, filing for Chapter 7 bankruptcy can delay foreclosure temporarily. This can be an option if you only want to delay foreclosure by a few months but is willing to let go of your property. Both options have pros and cons, but they offer viable alternatives to foreclosure.

Remember that each situation is unique, so it is essential to consult with a professional who can guide you through avoiding foreclosure. They can help you understand the potential consequences and weigh the benefits against the drawbacks. It’s also important to reach out to your lender as soon as you anticipate financial difficulties. They may have programs or solutions available to help you navigate these challenging circumstances.


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