A deed-in-lieu is sometimes considered by a lender instead of a foreclosure if the lender believes that doing so would result in less financial loss to them. Such may be the case if the property’s value and mortgage balance are similar. Properties with second mortgages and/or large unpaid assessments and/or judgments are not typically good candidates.
March 6th, 2011:
Can I do a deed in lieu of foreclosure instead of a short sale? How does that work?
The good news is that in the case of a deed-in-lieu, the lender will likely agree to not pursue you for a deficiency later, regardless how much loss they eventually suffer on the deal. Otherwise, (at least in Florida) a lender would have up to five years to pursue you. Your credit score will of course be negatively impacted, and it will be extremely difficult for you to obtain a home loan for a minimum of two years after the fact.
I made an offer on a house asking the owner for a seller’s disclosure. The seller refuses to provide one. Isn’t this legally required?
In Florida, a seller is not legally obliged to provide a real property disclosure to prospective buyers. However, a seller is legally required to disclose known facts that materially affect the value of the property. In some situations, a seller may be unable to provide disclosures, such as that of a trustee owned or bank owned property. Your sales contract should always provide for thorough home inspections prior to closing.