Deed-in-Lieu of Foreclosure Frequently Asked Questions

A Deed in Lieu of foreclosure (DIL) is a disposition option in which a mortgagor voluntarily deeds collateral property in exchange for a release from all obligations under the mortgage. A DIL of foreclosure may not be accepted from mortgagors who can financially make their mortgage payments.

Question 1: When a mortgagor has been approved for utilizing a DIL of foreclosure, how much time does a mortgagee have to complete the DIL?

Answer: A DIL of foreclosure must be completed within 90 days of initiation of the process.

Question 2: Does HUD allow $2,000 to pay off second liens when determining if a mortgagor is eligible for a DIL?

Answer: Yes, effective with Mortgagee Letter 2002-13, HUD increased the mortgagor's DIL of foreclosure consideration to not exceed $2,000. The funds may be used to pay off junior liens or be paid to the mortgagor upon vacating the property.

Question 3: Can a mortgagee revert from a foreclosure process to the acceptance of a DIL from a mortgagor?

Answer: This is a business decision the mortgagee is to decide based upon what is stated in the mortgagee's Quality Control Plan.

Question 4: Does a mortgagee have the ability to accept a DIL of foreclosure when there is an existing Partial Claim?

Answer: Yes, Mortgagee Letter 2000-05, page 37, paragraph E. Condition of Title, states, "Good and marketable title must be conveyed to the Secretary. The lender must complete a title search and may be required to secure release of junior liens and/or endorsements to the title policy. HUD will not accept title subject to most junior liens including IRS liens. However, HUD will allow liens securing repayment of Section 235 assistance payments, partial claim advances and Title I liens."


Published by BenmerguiLaw.comReal Estate Lawyers in Miami Florida. Also qualified in Florida Personal Injury, Immigration, and Commercial Litigation Attorneys in South Florida. Winning a case requires the best representation, at the Law Offices of Isaac Benmergui, P.A., we are committed to delivering the best legal services in a professional and confidential manner. Please contact our office to schedule a complimentary consultation or call now at 305.407.9464 for immediate, live assistance. Call now!