Giving A House Back To Avoid Foreclosure

The first reaction of most people facing houseyour house so that the buyer at the foreclosure
foreclosure is to try avoiding it. If you are in thissale will buy your house free of the judgments
situation, you actually may have several options.and tax liens. Without going through the legal
One option is giving your house to your mortgageforeclosure process, your mortgage lender would
lender. This is commonly referred to as a "deed inprobably have to pay the judgments and tax
lieu of foreclosure".liens, and your lender will not do that.
Instead of you and your mortgage lender goingThird, if your mortgage lender is willing to accept
through the entire foreclosure process, youa deed in lieu of foreclosure and you qualify,be
simplydeed your house to your mortgage lender.careful of what documents you sign. Sometimes,
Sounds simple. But, as with just about everythingwhen you ask a mortgage lender aboutgiving a
else,the devil is in the details.house back to avoid foreclosure, the lender will
First, your mortgage lender may not be willing toagree only if you sign a Promissory Notepromising
accept a deed from you instead of going throughto pay the lender more money. If you are willing
the foreclosure process. Your lender may wantto pay your lender more money, so beit. But, be
more than your house if you owe your lendersure that you understand what you are agreeing
more than your house is worth. For instance, ifto.
you owe your lender $125,000 and your house isWhen giving a house back to avoid foreclosure, it
worth $100,000, your lender really wants theis wise for you to have a lawyer review all ofthe
$125,000. Not your house worth $100,000.paperwork and make sure that it is what you
Your lender may have some other reason not toagreed to and that it is in your best interest.
accept a deed from you. The reason may beInfact, if you have any questions of any nature
valid (such as affecting your lender's financials) orabout avoiding foreclosure, talk with a
your mortgage lender might simply be "hardlawyerlicensed in your state.
nosed". Either way, your lender may not be willingBeware (this is vitally important), if you are facing
to work with you and you cannot make yourhouse foreclosure, you may have several options.
lender accept a deed in lieu of foreclosure.Consider all of the options because some options
Second, even if your mortgage lender will acceptwill work only in certain situations and because
a deed from you, you may not qualify. If youyou want to use the best option for you.
have any judgments or tax liens against you,This article is general information. If you have any
your lender has to go through with foreclosure.questions of any nature concerning
The legal foreclosure process will removestoppingforeclosure, talk with a lawyer licensed in
judgments and tax liens as encumbrances onyour state.