Old 09-23-2008, 03:40 PM   #1 (permalink)
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Exclamation Credit Implications of a Deed in Lieu of Foreclosure

As a result of the financial decisions that you have made over your lifetime, there is a single number that, above all, comes to define how potential lenders will evaluate you. In the background of the joys of life, the triumphs along with the hard lessons, credit scores can be harsh judges of your financial past, often lacking context, which makes your approach to loans even more important. While your income and assets are important in helping guide your economic decisions, lenders, above all, rely upon your credit score to establish a baseline understanding of your finances.

Just as a complex series of interactions comes to determine that piece of data, you should also consider making important financial decisions with credit implications in mind. If you're facing potential difficulties with your current home mortgage, one of the options potentially available to you is a deed in lieu of foreclosure which allows you to, essentially, transfer ownership of your home to satisfy a loan contract. While modern finance may seem harsh in light of the challenges of everyday life, you can use its instruments to regain control over your own financial freedom.

If you're in a position of not being able to afford your current home loan, there are a wide variety of possible solutions available to you - make sure to explore the entire set of options. In the case that your financial difficulties are more than temporary, you may want to evaluate potential ways to exit from your existing mortgage while maintaining the integrity of your financial history. For some, bankruptcy may seem like the only option, but working with your lender may establish that a deed is strictly preferable for both parties when compared to the alternative.

Firstly, consider the opportunity costs of such a deed negotiation: filing for personal bankruptcy, however it is structured, can have nearly permanent implications for your credit score. In the worst case, the lender would be left with a default mortgage, while you would be impaired from rebuilding your financial history for years. Instead of facing such a situation, you can actively propose to work with your lender to find a solution, which may range from refinancing to temporary relief to an "assisted" exit plan such as a deed.
By working with your bank to reach an amicable deed in lieu of a foreclosure process, your mortgage contract is considered legally complete, including a full title transfer to the lender. While your credit may suffer slightly from such a transaction, the harm is much more ephemeral than it otherwise would have been. No matter what decision you make, you should always be looking forward to improving your financial position in the future. By addressing the issue pro-actively, rather than continuing to have late payments, you can more quickly exit a harmful solution and begin to rebuild your credit history sooner.

As noted in a recent USA article (see: Some struggling homeowners find way to dodge foreclosure - USATODAY.com), while walking away from a home can be painful, it may be the best solution in the long run to rid yourself of a debt burden that you cannot afford. While the emotional implications of these decisions are certainly real, it's important to stay rational and keep a perspective of putting yourself in a position of financial freedom down the road. No matter what decision you make on re-negotiating your mortgage, establishing a goal of regaining control of your finances should be at the forefront of all decisions.

From DeedMyHome.com


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Old 04-12-2009, 09:12 AM   #2 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

I tried to be pro-active with Countrywide, time and time again they told me I could not qualify...and to qualify I had to be 3mo behind on my mo. payments. Now I am but I have still gotten no wear with them! I really would like to avoid foreclosure but my NC property is not owner occupied either. I think I have no choice???
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Old 06-15-2009, 12:54 PM   #3 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

I would possibly like to do a Deed in Leiu but not until January. I just missed my second payment. Is this a doable timeframe or will forclosure be in full force by then? How/When should I contact my lender (CW) about this. Thanks.
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Old 08-05-2009, 05:07 PM   #4 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

Moe,

I recently posted this same question in another part of the forum not realizing this was where I should have posted regarding DIL.

Please try to give me some advice regarding this:
My attorney is negotiating with my lender's attorney regarding an investment condo I own that is in litigation. The lender's attorney said they will entertain either a DIL or a short sale but that the DIL carries no 1099C. My accountant tells me not to worry about the 1099C as it is business but I need to know...if I took the DIL and they mark it as above, will my credit be tarnished. There are no late payments as Im up to date (performing loan). I just am under the impression that a DIL, no matter how it is reported is still a foreclosure as such.

The lenders attorney said they would probably put Disputed but Resolved???

Please, I need some advice ASAP as I must let my lawyer know what I decide. Thanks.
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Old 08-21-2009, 12:17 PM   #5 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

Recommend you check out this response on the myFICO site asking a very similar question. You're right...whether they accept the deed in lieu or a short sale, your credit report still shows "not paid as agreed" and you'll take a credit hit.

Of course, the tax implications as well as how long you'll be ineligible for FreddieMac/Fannie Mae loans in the future are a different story...each is different based on the workout you end up with.

Todd
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Old 09-21-2009, 01:09 PM   #6 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

What is the difference between a DIL and a foreclosure? I currently 4 months behind, and just finished filing Chapter 7 Bankruptcy with the house on it? Any suggestions or do I have an option at this point?
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Old 10-31-2009, 12:51 PM   #7 (permalink)
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Re: Credit Implications of a Deed in Lieu of Foreclosure

DIL's are going to remain rare. Keep in mind that most servicers do not own the loan and their PSA(Pooling & Servicing Agreements) limit what measures they can take.

The 1099-C, for Cancellation of Debt will come from the Beneficiary, not the one you are typically negotiating with. If they report the loss on their Corp returns, they must paper trail said loss via a 1099-C to the borrower who failed to pay them back. If box 5 is marked "Yes" the borrower was personally liable for the debt, you may face income tax ramifications because of this. The Mortgage Debt Forgiveness Act of 2007 has a very narrow window of protection in this event.

Insolvency and filling out IRS Form 982 immediately prior to the taxable event occuring is a way of eliminating the tax issues that may arise depending on the amount one is insolvent vs the amount of the 1099-C.

Bottom line, in my humble opinion, the first place anyone who is considering DIL, Short Sale, or Foreclosure, needs to go is to their CPA or equivalent who is well versed on this subject.
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