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Forums » Credit & Credit Repair » Deed in Lieu of Foreclosure

Deed in Lieu of Foreclosure Subscribe to Deed in Lieu of Foreclosure

14 posts by 6 users

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Real Estate Investor · Tampa, Florida


I was wondering if anyone could tell me which process is the most harmful to your credit, Deed in Lieu of Foreclosure or a short sale?


Real Estate Investor · Tampa, Florida


Wow, I guess maybe I should have posted this in the credit section?


Real Estate Investor · Denver, Colorado


OK, its moved to the Credit forum.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Tampa, Florida


Thanks Jon.


· San Diego, California


GREAT QUESTION!

A deed in lieu of, short sale & foreclosure all effect your credit in the SAME negative way.

I work a lot with the real estate industry and i cringe when i hear agents tell potential clients that a short sale will have a less impact on their credit than a foreclosure. That is false.

Do they say that on purpose to get the commission? maybe, maybe not. I believe most of them really believe that a short sale effects their credit less than a foreclosure.

Lots of wacky info out there!

Frank


Real Estate Investor · Denver, Colorado


Previous posters have pointed to references in Fannie Mae guidelines that specifically state you can get a Fannie Mae loan (really, that Fannie Mae will buy such a loan), if the borrower has a short sale two years prior, but must have five years since a foreclosure. That seems like a pretty significant difference, even if the credit score is affected in the same way.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Tampa, Florida


I've been doing short sales for several years and I too was told that a short sale has less impact on the home owner's credit than a foreclosure. I was also told that the former home owner would be a able to get another home loan in a couple of years after a short sale where as it could take 5 to 7 after a foreclosure. I, however, have never actually verified this information with any agency. Thanks for the input.


Real Estate Investor · Aurora, Illinois


How likely is a bank to do a Deed in Lieu of Foreclosure as opposed to foreclosure and deficiency judgment?


Real Estate Investor · Denver, Colorado


Fannie Mae Guidelines, June 25 2008 documents the specific guidelines. Of the three being discuessed:

Foreclosure: 5 years
Deed in Lieu: 4 years
Short Sale ("preforeclosure sale"): 2 years

Now, its certainly possible there are more recent changes that override these. But that sort of thing does tend to pop up here, and I don't recall seeing anything more recent. This does apply only to Fannie Mae.

My recent experience with a short sale makes me think banks will try for a foreclosure and deficiency judgment if they think there's something there.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Tampa, Florida


Most banks, at least at this time, aren't pursuing deficiency judgments. I would think deed in lieu would be the more logical approach on property rather than going through the expense of a foreclosure. But then since when does a financial institution take the logical approach to anything?

In addition to the "I was tolds.." mentioned above, I've heard several variations on the deed in lieu. One saying that if you give it back before they file for foreclosure that they can't foreclose and another saying that they will report it on your credit report as being a foreclosure anyway.


Real Estate Investor · Aurora, Illinois


I am current on my mortgage but have been out of work for a month. I have enough for 2 more months of not having a job. I am considering checking into a deed in lieu with BoA. Would I be better off going into a branch or just calling the 800 number?


Real Estate Investor · Tampa, Florida


Originally posted by Josh Bryan
I am current on my mortgage but have been out of work for a month. I have enough for 2 more months of not having a job. I am considering checking into a deed in lieu with BoA. Would I be better off going into a branch or just calling the 800 number?


I don't think it matters as far as the outcome is concerned. Chances are if you go into the branch, they'll most likely call someone in the loss mitigation department but they may get you through to the proper individual faster.

Real Estate Investor · The City of Angeles, California


Unfortunately my post is going to sound very negative, pessimistic and anti social, but based on sad reality of life.

The real estate slow down that started late 1991 in California hit its worst immediately after the earthquake.

People dealt with the situation in two distinctly different ways:

The first group (the civilized ones) went out of their way to accommodate the banks, maintain their properties and keep it in tip top shape, showing it to prospective buyers in hopes of minimizing the bank's loss and trying to get the best short sale offer.

Then there were those who stopped caring, and resorted to every leagle maneuver known and dragged the foreclosure process out to over a year without making payments.

The Banks responded by screwing up the credit of both the groups just as bad!

You chose to play just as dirty or be civilized. They will do what suits them…

What's worse is the fact that listing agents were going around talking people into short sale, convincing them that it won't affect their credit as bad as a foreclosure (simply lying) to get the listings.

raz


Real Estate Investor · ten mile, Tennessee


Then you also have to look at the aftermath of things.

With a bankruptcy, you can not file again for XXX no of years, which makes you a good bet during those years to some creditors.

With a foreclosure, you can simply allow it to happen again, which is why most creditors will not loan to you for XXX no of years.

With a Deed in lieu, you can simply allow it to happen again, but is less costly to the creidtor, which is why most will not loan to you for XXX no of years.

With a short sale, you have drastically reduced the loss to the creditors so they will lend again to you sooner, but still not for XXX no of years.

With that understood, which one really hurts your credit more. Which one allows you to regain your "lifestyle" pursuits sooner with less affect.

This is why short sales are so preferred over Deed in liew and Foreclosures in the creditors eyes and should be in the consumers eyes.


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