Question

Please look at my deed in lieu of foreclosure process advice?

I met with a financial counselor through the state of MI to discuss whether foreclosure or keeping my house would be best. I had it on the market for nearly a year - nothing is selling here. I have no interest in keeping my house. The adjusting ARM is adjusting for a 2nd time and I can't afford it along with the repairs, my loss of income and lets not ever start about how bad the neighborhood has gotten. The advice she gave me was to wait til I was 3 months delinquent on my house pay and then to contact the Loss Mitigation dept for Countrywide. She said a DIL is always a bad idea for the borrower unless you negotiate. I can ask them too
-cancel any deficiencies and fees
- eliminate negative credit refs
-allow extra time in the house
-pay moving expenses ($2000-$3500)
If I can get them to agree to DIL my only worry is the defiency judgement. I'm hoping to be able to get out of this without doing BK so if all goes well I can. Thoughts and advice are appreciated.
My next concern if I do get a DIL accepted is that the infamous 1099 form. Its disgusting to me that you will be taxed after losing your home. Is it an obnoxious amount? I'd have to clam BK anyhow -- and since DIL is only slightly better than foreclosure maybe I'd be better doing the foreclosure process, thus avoiding the defiency judgement and the 1099 form and banking my money for the 8 months til I leave? This issue keeps me up at night so TIA for the help everyone.

5 years ago - 4 answers

Best Answer

Chosen by Asker

Normally, if you issue a deed in lieu of foreclosure, there will not be a deficiency judgment. Check with you lender. You might get a 1099 for the amount the lender looses when they sell the house.

5 years ago
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Other Answers

Don't wait three (3) mos of deliquency before calling the lender. The sooner you call them the better and explain your situation and what you want. Try to work with them. Good Luck.

by RE-AGENT - 5 years ago

No offense to your financial counselor but you need to research what really are all of your options
In this forum participants, such as myself, give opinions on subjects that they feel they know the answer to and sometimes those opinions sound exactly like the right answers but they might not be due to the varying laws in each state, and anyone can make a mistake, that’s why I like to give links to resources that you can check all answers against, including my own opinions, in case my opinions are wrong. Since most of these links are from state & federal government & non profits sometimes they change them, let me know if the links are wrong so I can go find the new ones. So to that end here are some links that you might want to check before relying on information and opinions that you get in here, and that you might be considering following up on and as always verify everything with a licensed professional.

FHA Definition of terms used in Loss Mitigation on Foreclosures
www.fha.gov/sf/svc/faqmain.cfm

Government article and information on Foreclosures
www.occ.treas.gov/cdd/spring06b/cd/...

HUD: Servicing and Loss Mitigation on Foreclosures
www.hud.gov/offices/hsg/sfh/nsc/faq...

Site #2
www.hud.gov/offices/hsg/sfh/nsc/nsc...

HUD: Approved House Counseling Agencies includes foreclosure issues, by state
www.hud.gov/offices/hsg/sfh/hcc/hcs...

HUD: Article on Foreclosure Issues
www.huduser.org/Periodicals/ushmc/f...

National Home Recovery Program for foreclosures www.nhrp.com/

Steps that can be taken to prevent foreclosures: www.consumerlaw.org/initiatives/sen...

FHA: Loan Reform programs
www.hud.gov/offices/hsg/fhareform/i...

Dreams Foreclosed – Scams about foreclosures – A pamphlet: www.consumerlaw.org/news/Foreclosur...

Government Study on Foreclosures, costs and impacts. Includes data on each state
jec.senate.gov/Documents/Reports/su...

Free Foreclosure assistance – Homeownership Preservation Foundation
www.995hope.org/

FTC: High Rate – High Fee Loans (know your rights): www.ftc.gov/bcp/conline/pubs/homes/...

Explanation of foreclosure issues (private site)
www.wwlaw.com/forecl.htm

Free legal aid search for all states: www.lawhelp.org/

Source(s)

by newmexicorealestateforms - 5 years ago

Pretty much on track try the website attached and read my active rain blog on this topic. I am a loss mit consultant. Can help if needed. No charge to you!

Source(s)

by DakB - 5 years ago

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