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Deed In Lieu vs foreclosure

Posted on: 17th Sep, 2009 07:24 am
From Massachusetts:
If we request a Deed in lieu instead of heading for foreclosure...are we responsible for any deficiencies if the lender does not recuperate their loan to us?
hi janetboccelli,

if you are applying for a deed in lieu of foreclosure for your principal residence, then you won't have to worry for the deficient amount if it's a purchase money mortgage. the lender will forgive the deficient amount resulting from the deed in lieu of foreclosure.

thanks
Posted on: 17th Sep, 2009 08:45 pm
Thank you for your response. Unfortunately the property is a Commercial Condo an we have been out of business there since February 09. Wehave tried to carry it and are now totally unable to do so. How do we avoid having to pay for any deficiency when the lender sells the property. Deed in lieu or do we go to foreclosure. Our credit is pretty shot now anyway....
Thanks so much!
Posted on: 18th Sep, 2009 05:06 am
Hi Janet!

Welcome back to forums!

As it is a commercial condo, the lender can sue you for the deficient amount whether you go for a deed in lieu or a foreclosure. I would suggest you to negotiate with your lender and check if he is ready to forgive the deficient amount or not. If he is not ready to do so, you will have to pay off the deficient amount.

Feel free to ask if you've further queries.

Sussane
Posted on: 20th Sep, 2009 08:35 pm
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