Deed in Leau

Tue, Nov 24 2009 01:45pm EST 1
Jeff
Jeff
18 Posts
We owe more on our RI home than what is worth, way more... We are moving and can't decide what the lesser of the evils is.. A foreclosure, a deed in leau, or a short sale. Our current home mortgage and 2nd mortgage are in my wife's name. new mortgage in SC will be in my name. SC laws when applying for a mortgage does not take into effect any debt or credit of the spouse if they are not on the loan..

Am I missing something by thinking a deed in leau is our best option considering BofA has already offered it as a solution?
Tue, Nov 24 2009 02:18pm EST 2
Rich
Rich
123 Posts
We really need a credit expert here. I am under the assumption that a Deed In Lieu would be as bad on your credit as a foreclosure. Short sale at least offers you a chance to negotiate that the loans just show as "paid" rather than "settled less than full value". This is not my specialty and anything I say on this subject is speculative at best.
Tue, Nov 24 2009 03:37pm EST 3
Master of Her Domain
Master of Her Domain
136 Posts
Speaking from personal experience (owned a home, bought in 2005, sold March of 2008), the short sale is the way to go. Did a short sale for $125k less than what was owed, and this was before short sales were even really discussed as an option.

Jeff- Do you have the home listed for sale? If so, for how long? Generally, the lender wants to see you attempt to get as much money as possible. I had my real estate agent do a market analysis as part of our submission to the lender. If the value is not there, and you have a buyer for less than what you owe, they should jump at it. Bank of India is not all that proactive however, so if they are offering you a dee-in-lieu, take it and don't look back.

My short sale actually shows up as 'settled for less than owed' or something similar, just so you know. Also, I am pretty sure a DIL is not as bad as a foreclosure.
Tue, Nov 24 2009 09:18pm EST 4
Rich
Rich
123 Posts
My short sale actually shows up as 'settled for less than owed' or something similar, just so you know. Also, I am pretty sure a DIL is not as bad as a foreclosure.

But which will effect your credit worse? DIL or shortsale?
Tue, Nov 24 2009 09:53pm EST 5
Ken
Ken
1 Posts
Jeff, I would want to know how upside you were...I have actually seen borrowers take an unsecured note loan with mortgage holder on realtively small amounts to avoid any hit whatsoever to their credit. I think you mentioned that you current home is just in your wife's name and you will purchase in your name only..In that case, I would probably short sale, control the reporting date on the derogatory item on the credit and just start rebuilding your wife's credit while relying on your good credit for any major purchases the next few years.

Really, its an extremely personal choice after weighing all of your options..

Good Luck!
Wed, Nov 25 2009 07:53am EST 6
Master of Her Domain
Master of Her Domain
136 Posts
Rich- I think it goes foreclosure, DIL, short sale. Foreclosure being the worst, of course.

Ken- Good answer!
Mon, Nov 30 2009 11:25am EST 7
Jeff
Jeff
18 Posts
we are listing this week. If after 90 days no sale, we will deed in leau.

Thank you everyone for your help.
Mon, Nov 30 2009 01:19pm EST 8
Master of Her Domain
Master of Her Domain
136 Posts
Good luck Jeff. Did your lender allow you to market the home for less than what is owed? Drop the price until you get an offer, and put the following language into the listing "All offers subject to bank approval" and you should be covered.


Jen
Fri, Feb 26 2010 10:30pm EST 9
Oak
Oak
36 Posts
My Brother lost his house and now his credit is messed up. He is 40 years old and my 79 year old Pop is cosigning a car and an apartment for him...that ain't right poor guy

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