Bank of America sent out nearly 100,000 solicitations to distressed homeowners to offer them a chance at a deed-in-lieu transaction. “Deed-in-lieu” refers to returning the deed to your home to a lender in order to avoid the foreclosure process. You get to walk away from your home, and the lender declares the debt resolved because you returned the home, your collateral. Many lenders have said that they will offer a variety of incentives for this type of transaction because it saves them a great deal of resorces in processing costs even though they may take a hit when they try to resell the home in today’s difficult market.

Some short sale investors are viewing this new trend with concern, particularly since some lenders have stated that they find deed-in-lieu transactions preferable to short sale transactions since they take less time. Additionally, homeowners who are going to lose their homes anyway may find this to be a more acceptable alternative since it is being portrayed as a route to 100% resolving the debt rather than worrying about being followed up with later for the remainder just when you have gotten back on your feet.

Short sale investors, should not be too worried about this. For starters, there are tons homes that will still go through the short sale process, and not all circumstances are going to warrant or qualify for a deed-in-lieu. You can also point out to homeowners who may be backing out of a short sale that unless the wording in their deed-in-lieu a arrangement states that the debt is considered entirely resolved by the return of the property, which is not always the case.

While deed-in-lieu and a short sale do go on your credit history and impact your credit score, a deed-in-lieu remains on your history for a full 7 years, and you may have to request that it be removed. According to new legislation, short sales may be removed as soon as 3 years.

Some homeowners may opt for a deed-in-lieu transaction instead of a short sale operation with you. However, the current deed-in-lieu “push” could actually be a plus, since it may put a dent in homes that lenders were unwilling to short sell anyway. Simply be ready to answer questions about this type of operation, then continue doing your short sales and helping people in trouble resolve their personal housing crises.

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