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Facing Foreclosure: Use A Deed In Lieu To Protect Your Credit

Jan 15, 2008
Facing a foreclosure, you may have another option, consider a "Deed in Lieu"; with a deed in lieu, you are relinquishing your rights to the property, especially giving the property to the lender. This is much better then a foreclosure, if you are able to do it, each state has different laws therefore you need to do some research and ask for legal advise before pursuing this type of transaction.

Some lenders may prefer this to the foreclosure process, it is expensive and time consuming. A "Deed in Lieu" also comes across your credit report much better then a full-blown foreclosure; the foreclosure process will have exceptional damaging affects on your credit report and therefore will take a long time to fix. It could hamper your ability to purchase another home for 7-10 years.

A "Deed in Lieu", if negotiate properly should keep a foreclosure off your credit report and protect your credit from the damages of such a recording. While working with your lender during the default process, negotiate the terms of how it will report to the credit agencies. The lenders will save a tremendous amount of time and expense by you simply giving the house back to them in lieu of the foreclosure process. For doing your part to save them as much time and money as possible, if is only fair that they assist you with trying to keep your credit as clean as possible.

Let the lender know that leaving the house, clean and in good shape is not a problem, but by doing so you do not want to have a foreclosure reported to the agencies. Get it is writing. Agreeing to this verbally, will not help you, banks love to give "lip service", it is what they do to get what they want.

There are other options if you are facing a foreclosure; a "Deed in Lieu" is not necessarily the best one. Depending on how equitable the property is you may be better off selling the home to a private buyer, or even an investor. Salvage the equity if you can you did work for it. They may even let you do a rent back so that you will not have to move. If your best option is to do a "Deed in Lieu", doing so with the lender is preferred, more so then an investor. Only by dealing with the lender are you able to terminate the original loan agreement. Dealing with an investor will not terminate the original contractual obligation with the lender. A lender that fails to perform on the agreement will you, will leave you vulnerable in the event the bank moves forward with a foreclosure. If you decide to use an investor, investigate them, make sure that they have adequate resources to keep the loan up-to-date.

A home foreclosure is not the end of the world; there are many options available to homeowners that are facing one. While it may seem that you have few options, or that your world is falling apart, remember investigate all options prior to making a decision. Hire a professional to assist you with all the legal and personal ramifications or each option. While most homeowners will not resort to a "deed in lieu", address the situation immediately, and choose wisely.
About the Author
Thomas Bladecki is the author and can provide additional information about foreclosures and the current real estate markets visit Home Foreclosure Help.
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