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Real property

deed in lieu of foreclosure

A deed in lieu of foreclosure—often referred to as a deed in lieu—is a deed by which a borrower (mortgagor) transfers fee simple title to a lender (mortgagee) to satisfy a mortgage debt.

A deed in lieu of foreclosure is a substitute for the foreclosure process and a delinquent debtor or mortgagor may avoid paying a deficiency balance (if the home is worth less than the amount owed) and may lessen the impact on their credit report by signing a deed in lieu.

In Delaware, a deed in lieu of foreclosure is a legal instrument where a homeowner voluntarily transfers the ownership of their property to the lender to satisfy the outstanding mortgage debt and avoid the foreclosure process. This option can be beneficial for both parties; the borrower may avoid the negative consequences of a foreclosure on their credit history and potentially be relieved from the obligation to pay any deficiency balance if the property's value is less than the mortgage debt. The lender, on the other hand, can expedite the recovery of the loan balance without undergoing the lengthy and costly foreclosure process. However, it's important to note that lenders are not obligated to accept a deed in lieu of foreclosure and may proceed with foreclosure if it is in their financial interest. Borrowers considering this option should consult with an attorney to understand the implications, ensure that the agreement includes a release from any deficiency liability, and to navigate the process properly.

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Real property

deed in lieu of foreclosure

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Real property

deed in lieu of foreclosure

Articles