Saturday, June 12, 2021

My Home is Going Into Foreclosure: Should I Consider a Short Sale or Deed in Lieu of Foreclosure?

When you are significantly behind on your mortgage payments, you may receive notice from the bank that your home is going into foreclosure. For many consumers who are struggling with mortgage debt, it is more important to avoid having the lender foreclose on the property than to remain in the property. Accordingly, in these situations, a homeowner might be considering two options for avoiding foreclosure — a short sale or a deed in lieu of foreclosure. You might have read about these options, but you may not be certain if either one is the right choice for you. While it is critical to work with a foreclosure defense attorney in Oak Park on any action you plan to take to avoid foreclosure, you can learn more about these options in the meantime.

Short Sales or Deeds in Lieu of Foreclosure Can Allow You to Avoid Foreclosure

Both short sales and deeds in lieu of foreclosure, the latter of which is often described simply as a “deed in lieu,” are options for avoiding foreclosure. As such, if your goal is to avoid foreclosure, either of these are possibilities that could be in your best interest. However, it is important to know that these options are distinct from one another and involve different processes.

If you are considering a short sale or a deed in lieu to avoid a foreclosure under Illinois law, you should know that short sales and deeds in lieu will still affect your credit. While neither short sales or deeds in lieu will impact your credit as significantly as a foreclosure, you will still see a noticeable dip in your credit score. So, should you choose a short sale or a deed in lieu? Our Oak Park foreclosure defense attorneys can provide you with details about each of these processes.

What is a Short Sale?

A short sale is a sale of your home in which you sell it to a third-party buyer (e.g., another consumer, someone who wants to use the property for rental income, or somebody who plans to do something else with the property), but you sell the home for less than the total amount you owe on your mortgage. For example, if you still owe $200,000 on your mortgage, you might sell the house for $150,000 in order to avoid foreclosure. However, the bank must agree to the short sale before you can complete the transaction. After the bank agrees to the short sale, you will typically need to submit an application for loss mitigation.

It is important to work with a lawyer who can ensure that the bank has agreed to the short sale and has also agreed to forgive the remaining debt not covered by the short sale proceeds. However, you should be aware that any forgiven debt will likely count as taxable income, and you will be responsible for paying taxes on that amount the same way you would any other income.

What is a Deed in Lieu?

With a deed in lieu, rather than selling your house to repay some of the amount you still owe, you agree to transfer the title of your home to the bank. Like a short sale, you will need to get the bank’s approval for a deed in lieu before it can happen. However, you can still be responsible for the difference between the amount owed on your mortgage and the fair market value of your home.

Contact Our Foreclosure Defense Lawyers in Oak Park

If you have questions about avoiding foreclosure through a short sale or deed in lieu, our Oak Park foreclosure defense attorneys can help. Contact the Emerson Law Firm today.

See Related Blog Posts:

Is a Mortgage Modification My Only Option to Avoid Foreclosure?

How Long Can Foreclosure Suspensions Last?

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