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  • Will You Add? - Deeds In Lieu Of Foreclosure - Who, What, When, Where, Why and How

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    eration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue de

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    In the event a loan becomes non-performing, commercial lending institutions that hold mortgages in Indiana need to be familiar with deeds in lieu of foreclosure.

    Who. The parties to a deed in lieu are the mortgagor (generally, the borrower) and the mortgagee (usually, the lender). Both sides must consent. Most lawyers will say that it isn’t advisable to accept a deed in lieu if there are multiple lien holders. Lenders will have to negotiate releases of those liens in order to secure clear title. The better approach may be to proceed with foreclosure, which will wipe out such liens.

    What. A deed in lieu of foreclosure is a document that conveys title to real estate. What is unique about this particular deed is that the mortgagor surrenders its interests in the real estate to the mortgagee in consideration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue dee

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    e the mortgagor (generally, the borrower) and the mortgagee (usually, the lender). Both sides must consent. Most lawyers will say that it isn’t advisable to accept a deed in lieu if there are multiple lien holders. Lenders will have to negotiate releases of those liens in order to secure clear title. The better approach may be to proceed with foreclosure, which will wipe out such liens.

    What. A deed in lieu of foreclosure is a document that conveys title to real estate. What is unique about this particular deed is that the mortgagor surrenders its interests in the real estate to the mortgagee in consideration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue de

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    holders. Lenders will have to negotiate releases of those liens in order to secure clear title. The better approach may be to proceed with foreclosure, which will wipe out such liens.

    What. A deed in lieu of foreclosure is a document that conveys title to real estate. What is unique about this particular deed is that the mortgagor surrenders its interests in the real estate to the mortgagee in consideration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue de

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    in lieu of foreclosure is a document that conveys title to real estate. What is unique about this particular deed is that the mortgagor surrenders its interests in the real estate to the mortgagee in consideration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue de

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    eration for a complete release from liabilities under the loan documents. The release, among other things, usually is articulated in a separate settlement agreement.

    When. Lenders normally pursue deeds in lieu when there is no chance of collecting a deficiency judgment –the mortgagor is judgment proof. For example, this option makes sense with non-recourse loans. Another consideration is when the value of the property unquestionably exceeds the amount of the debt. If the lender thinks it may be able to liquidate the real estate for more than the borrower owes, pursuing a money judgment may be superfluous.

    The parties typically will explore a deed in lieu of foreclosure early on in the dispute - once a determination is made by the lender to foreclose. Although this is the point in which deeds in lieu are best utilized, in Indiana it’s possible to execute the deed right up until the time the property is sold at a sheriff’s sale.

    Where. Deeds in lieu are the product of out-of-court settlements. T

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