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    Deed in lieu

    I see this mentioned quite a bit, but have not seen a post where someone actually gave the house to the lender to satisfy the debt. How rare is this? Has anyone on this board done it? I don't want to speak to Countrywide quite yet and raise the red flag (our November payment is the first we are missing), until I have more info on our chances.

    Has Countrywide been agreeable to Deed in Lieu? Are they looking for a certain loan to market value? We live in Florida. Does that qualify or disqualify us from this option? Do you have to be current with your payments or a number of payments late? Etc. on the questions. Any info is appreciated.

    Those are basically my questions. Below is our situation, if the details would help. I know this is long, so stop here to avoid reading a long post.

    My wife and I will file Ch7 in 2 to 3 months. The exemptions in Florida are bad (unless you have a lot of equity in your house). Each person gets $1000 in personal property if they own a home at time of filing.(and a separate $1000 each in a car) "Surrendering" the home and including the mortgage in Bk has no effect on this. If you do not own a home you get $4000 per person. So, as our lawyer told us, if you own a home and are upside down or close to it, you are actually getting penalized. Now this is normally offset by the fact that we could live in our house another 6 months mortgage free before foreclosure. But I recently took a new job and currently I drive 100+ miles round trip to work. We could move and rent closer and drive less than 5 roundtrip. So, renting sooner is mostly offset by extra gas and $6 tolls/day and car wear and tear that we would save. So the net would probably only be $300 to $400 per month more. (if that, because my wife could start looking for work right away in the new location). So to make a long story longer, we would benefit more from the $6000 extra in personal property (we would probably be an asset case even with). Thanks for listening. Any info on the "deed in lieu of" or problems with our reasoning would be appreciated.

    #2
    You haven't read about anyone on the Forum successfully negotiating a DIL because no one has.

    The deal with DIL's is you offer and the Lender has to agree to accept. Just because you offer does not mean the Lender will accept. Rarely does a Lender accept a DIL. RARELY.

    Offering a DIL can be especially dangerous if you recently purchased. Like within the last couple years.

    When you offer up a DIL, you'll have to disclose income and expenses information. It's like applying for the mortgage all over again, only in reverse.

    If you've had a change in circumstances,........ You lost your job, death of a spouse, something major,......... You'd probably do OK to try offering a DIL.

    If you're working the same job, making the same money, maybe a bit extra with raises,............ And you bought your home within the last year or 2,........... The Lender can come after you claiming fraud.

    When you give up your financial information to the Lender, you're giving them the ammo they need to say you did not take the loan in "Good Faith" to begin with. I know it doesn't sound right because they approve you to begin with, but it does happen.

    Something else to keep in mind,............. CountryWide most likely does not hold your mortgage. Chances are, CW is just the Loan Servicer. If you go for a DIL, don't expect an answer overnight.

    CW will have to package your offer and forward it to the Investor holding your loan. Then the Investor will decide to accept or reject. Offering a DIL to CW can take a month, 6 weeks, up to 2 months before you get an answer.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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