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Updated over 10 years ago on . Most recent reply

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Matt Good
  • Real Estate Investor
  • Sandy, OR
16
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113
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Deed in lieu of foreclosure

Matt Good
  • Real Estate Investor
  • Sandy, OR
Posted

Hello!

I'm just trying to understand this...

I've heard a couple of stories regarding an investor loaning a dear friend cash to buy a distressed property including rehab funds. The investors friend; the borrower, cash in hand then dealt a deed in lieu of foreclosure through an attorney with the seller. The borrower was not only able to pay his friend the investor back right away, but take out a HELOC as the deal was not public therefore the lender saw him as having full equity.

I'm missing some important pieces to the puzzle so please help me out!

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Joel Owens
  • Real Estate Broker
  • Canton, GA
11,285
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Joel Owens
  • Real Estate Broker
  • Canton, GA
ModeratorReplied

A DIL a lender will not usually take back if there are a bunch of other liens after them on a property.

If there was still sufficient equity maybe but the property is usually under water.

So in those cases the lender usually just forecloses and wipes out all of the junior liens for the property.

Things like property taxes and IRS tax liens can supersede a senior mortgage lien and not be wiped out in foreclosure. So it's important to weigh what liens are against a property.

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