Deed in Lieu of Foreclosure: You voluntarily transfer your property title to the servicers (with the servicer’s agreement) in exchange for cancellation of the remainder of your debt. Though you lose the home, a deed in lieu of foreclosure can be less damaging to your credit than a foreclosure. You will lose any equity in the property, although under the Mortgage Forgiveness Debt Relief Act of 2007, the forgiven debt on your primary residence may be excluded from income when calculating the federal taxes you owe. However, it still must be reported on your federal tax return. For more information, contact the IRS. A deed in lieu of foreclosure may not be an option for you if other loans or obligations are secured by your home.
Mortgages will require mortgage insurance if you have less than a 20% down payment. PMI is between 0.35% – 1.0% annually depending on the type of mortgage program you choose. FHA loans PMI is 0.85% of the loan amount, and is required for the life of the loan. Conventional mortgage PMI is 0.51% and is required until the loan balances reaches 78% LTV.
A defining characteristic of a mortgage loan is that the loan is insured by some sort of real estate or property, over which the lender has conditional ownership, called a mortgage lien. When mortgage loans are used to purchase property or a home, the mortgage lien is the legal claim of the lender to the property or home in question. If the borrower defaults on their payments, the lender then has the right to seize the lien as collateral (foreclosure). A common misconception about mortgage loans is that they can only be used for home or property-related purchases, when in fact, the loan money can be used for any purpose. The loan must be insured by some sort of real property, but if the borrower already has some sort of real property to offer as collateral, the mortgage loan money itself can be used to pay off debt, start a business, etc. Some lenders do have certain conditions regarding how their mortgage loan money can be spent, but this varies by lending organization and specific loan.
Find information on mortgage assistance and foreclosure prevention programs from various companies, federal government agencies, non-profits, HUD counseling agencies, banks and states. Numerous organizations have pledged to provide loan modification and other forms of mortgage help to millions of Americans. Resources are available that can help prevent or stop foreclosures as well as assist homeowners with paying their current and back mortgage payments.
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