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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 Mississippi, 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 arrangement can be beneficial for both parties: the borrower can avoid the negative consequences of a foreclosure on their credit history and may be released from the obligation to pay any deficiency if the property's value is less than the mortgage balance. For the lender, it offers a quicker and often less expensive resolution compared to foreclosure. However, it's important to note that lenders are not obligated to accept a deed in lieu of foreclosure, and it may have tax implications for the borrower. Additionally, if there are any junior liens or other encumbrances on the property, the process can become more complex. Borrowers considering this option should consult with an attorney to understand the specific legal and financial implications.

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Real property

deed in lieu of foreclosure

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Real property

deed in lieu of foreclosure

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