Posted on: 06th Aug, 2008 08:53 am
I want to sale my house but my wife does not
I do not want the house anymore because I can not make payments by my self.
She in in the title, and I am on the loan and the title
My questions: Can I apply for a Dee-in Lieu although she is not consenting.
I am not behind on payment, do I need to be behind in order
to apply for Deed in Liu?
Do I should wait? How long?
I live in NJ
Thank you
Bernardo
I do not want the house anymore because I can not make payments by my self.
She in in the title, and I am on the loan and the title
My questions: Can I apply for a Dee-in Lieu although she is not consenting.
I am not behind on payment, do I need to be behind in order
to apply for Deed in Liu?
Do I should wait? How long?
I live in NJ
Thank you
Bernardo
Hello bcumsille,
Would you want to stay in the house if the payments were affordable? Have the payments become too much to handle because of an increase in the payments or has a hardship of some kind (job loss, illness, etc.) been the problem?
It is up to the lender whether they will accept a deed-in-lieu? Have you contacted your lender & discussed your situation? Find out how they might be willing to work with you.
You want to avoid derogatory information appearing on your credit report especially the bank taking the house back by any means including a deed-in-lieu. There may be other options available.
You owe it to yourself to check them out
:!:
Would you want to stay in the house if the payments were affordable? Have the payments become too much to handle because of an increase in the payments or has a hardship of some kind (job loss, illness, etc.) been the problem?
It is up to the lender whether they will accept a deed-in-lieu? Have you contacted your lender & discussed your situation? Find out how they might be willing to work with you.
You want to avoid derogatory information appearing on your credit report especially the bank taking the house back by any means including a deed-in-lieu. There may be other options available.
You owe it to yourself to check them out
:!:
Hello Lynnette
Thank for your reply
I have not contact the lender yet, and I do not know inn what terms they can help me. The button line i do not want to keep this house for my self
to much hassle. But yo have not answer my questions yet.
Do I need my wife to sign in order to apply for deed-in-lieu beacuse she in the deed. Even if the lender change ther terms of the loan or make other arrangements I still can not afford it, what is the best way to get away, or maybe I need to get the divorce papers in order to procedure?
The thing is that I work for Citibank and who bought out the previous bank that I used to work with. They eventually going to do dowsizing and I afraid to loose my Job.
Thank you
Bernardo
Thank for your reply
I have not contact the lender yet, and I do not know inn what terms they can help me. The button line i do not want to keep this house for my self
to much hassle. But yo have not answer my questions yet.
Do I need my wife to sign in order to apply for deed-in-lieu beacuse she in the deed. Even if the lender change ther terms of the loan or make other arrangements I still can not afford it, what is the best way to get away, or maybe I need to get the divorce papers in order to procedure?
The thing is that I work for Citibank and who bought out the previous bank that I used to work with. They eventually going to do dowsizing and I afraid to loose my Job.
Thank you
Bernardo
Hi Bernardo,
Welcome to our community forums.
"Do I need my wife to sign in order to apply for deed-in-lieu"
yes, I think you need to take your wife's consent before applying for deed-in-lieu which is all about handling over your property to the lender. So, if your spouse is on the title, I think taking her consent is important.
"I am not behind on payment, do I need to be behind in order "
Ideally, lenders won't agree for a workout plan until you're behind on loan for 2-3 months. But you can still try and negotiate for a workout plan such as deed-in-lieu.
By the way, if your wife is not willing to sell the house, you can consider filing a Partition Lawsuit if it's applicable in your state. But even if you do so, the sale proceeds should be used to pay off the mortgage. You need to contact an attorney to help you with the legal formalities.
Regards,
Jessica
Welcome to our community forums.
"Do I need my wife to sign in order to apply for deed-in-lieu"
yes, I think you need to take your wife's consent before applying for deed-in-lieu which is all about handling over your property to the lender. So, if your spouse is on the title, I think taking her consent is important.
"I am not behind on payment, do I need to be behind in order "
Ideally, lenders won't agree for a workout plan until you're behind on loan for 2-3 months. But you can still try and negotiate for a workout plan such as deed-in-lieu.
By the way, if your wife is not willing to sell the house, you can consider filing a Partition Lawsuit if it's applicable in your state. But even if you do so, the sale proceeds should be used to pay off the mortgage. You need to contact an attorney to help you with the legal formalities.
Regards,
Jessica
I have a car that I brought brand new and it is a 2004 camry with 126,000 miles on it. Recently it has broke down and will cost 3 to 4 thousand to repair and I still owe 9,000.00 on it. I recently heard from a freind of mine that I could request a dee of lieu, because I cannot afford to get it fixed or the payments which are around 475.00 per month. I have recently taken a pay cut of about 15,000 dollars from the previous year. My plan is return the car since my credit right now is already in the toliet. What should I do?
Hi jcgram,
A deed in lieu is applicable only to a real estate property. You cannot do deed in lieu on a car. But if you want to give back the car to the lender, you can go for a voluntary repossession. It is possible that the lender will waive the deficiency as they will not have to pursue repossession, which often costs them money and time. They may also not report it as repossession on your credit. Talk to your lender, negotiate with them and get it in writing from them whether they will forgive the deficiency and how they will report the voluntary repossession to the bureaus.
A deed in lieu is applicable only to a real estate property. You cannot do deed in lieu on a car. But if you want to give back the car to the lender, you can go for a voluntary repossession. It is possible that the lender will waive the deficiency as they will not have to pursue repossession, which often costs them money and time. They may also not report it as repossession on your credit. Talk to your lender, negotiate with them and get it in writing from them whether they will forgive the deficiency and how they will report the voluntary repossession to the bureaus.
I just gave a voluntary repossession yesterday and they came a got the car. Now what do i do now to rebuild my credit. As far as my house goes I am in the process of refinaning from a 6% rate to 5% rate but the person dragging his feet somewhat and I may have go back into loan modifacation with the housing partnership here in Charlotte NC. Will it take a long time to get my credit right again?
hi jcgram,
it depends on you how much time you will take to rebuild your credit. if you make your mortgage, utility bill payment etc. on time, keep you debts manageable, it should not take too much time to repair your credit.
as far as the refinance is concerned, it will not be easy to qualify for a new loan immediately after the car repossession. pull your credit report and check out how many points the repossession has cost you. if your credit is still good even after the repossession, you can contact a few lenders to see if they would offer a loan. otherwise, you will have to improve credit score before applying for the refinance.
it depends on you how much time you will take to rebuild your credit. if you make your mortgage, utility bill payment etc. on time, keep you debts manageable, it should not take too much time to repair your credit.
as far as the refinance is concerned, it will not be easy to qualify for a new loan immediately after the car repossession. pull your credit report and check out how many points the repossession has cost you. if your credit is still good even after the repossession, you can contact a few lenders to see if they would offer a loan. otherwise, you will have to improve credit score before applying for the refinance.