The Deed in Lieu Process Philadelphia

A deed in lieu of foreclosure (deed in lieu) is a loss mitigation option, along with short sales, loan modifications, and forbearances, which may be available to borrowers who are in financial distress and facing foreclosure. Specifically, a deed in lieu is a transaction where the homeowner voluntarily transfers title to the property to the holder of the loan (the bank) in exchange for a release from the mortgage obligation. In most cases, completing a deed in lieu will release the borrowers from all obligations and liability under the mortgage.

The Deed in Lieu Process

The first step in obtaining a deed in lieu is for the borrower to request a loss mitigation package from the loan servicer (the company you make your mortgage payments to). The application will need to be filled out and submitted along with documentation pertaining to the borrower’s income and expenses including:

  • proof of income (generally two recent paystubs or, if the borrower is self-employed, profit and loss statements);
  • recent tax returns;
  • a financial statement, detailing monthly income and expenses;
  • bank statements (two recent statements for all accounts); and
  • a hardship letter or hardship affidavit.

A hardship is a circumstance that is beyond the borrower’s control that results in the borrower no longer being able to afford to make mortgage payments. Hardships that qualify for loss mitigation consideration include, for example, job loss, reduced income, death of a spouse, illness, medical expenses, divorce, adjustable mortgage loan interest rate reset, and a natural disaster. (Sometimes, the loan servicer requires the borrower to attempt to sell his or her home for its fair market value before it will consider accepting a deed in lieu.)

Next, the loan servicer will order a title search. The bank will generally only accept a deed in lieu of foreclosure on a first mortgage, meaning there must be no additional liens, such as second mortgages, judgments from creditors, or tax liens exist on the property. An exception to this is if the same bank holds both the first and the second mortgage on the property. Alternatively, a borrower can choose to pay off any additional liens (such as a tax lien or judgment) to facilitate the deed in lieu transaction. If the loan is insured by the U.S. Department of Housing & Urban Development (HUD), HUD will cover up to $2,000 to pay off second liens when determining eligibility for a deed in lieu. If the title is clear, then the loan servicer will arrange for a brokers price opinion (BPO), which will determine the fair market value of the property.

Once the bank agrees to accept the deed in lieu, the borrower will be required to sign a grant deed in lieu of foreclosure, which is the document that transfers ownership of the property to the bank, and an estoppel affidavit. The estoppel affidavit sets out the terms of the agreement between the bank and the borrower and will include a provision that the borrower acted freely and voluntarily, not under coercion or duress. It may also include provisions addressing whether the transaction is in full satisfaction of the debt or whether the bank has the right to seek a deficiency judgment.

Deficiency Judgments Following a Deed in Lieu of Foreclosure

A deed in lieu is generally considered to be in full satisfaction of the mortgage debt and, as such, there can be no action for a deficiency judgment since there is no deficiency. So, with most deeds in lieu, the bank can’t obtain a deficiency judgment for the difference between the property’s fair market value and the debt. However, if the bank wants to preserve its right to seek a deficiency judgment, in most jurisdictions the bank can do so by explicitly and clearly negotiating that a balance remains after the deed in lieu. The bank would need to specify the amount of the deficiency and include this amount in the deed in lieu documents or in a separate agreement.

See Deficiency Judgments for more information.

Whether or not the bank can pursue a deficiency judgment following a deed in lieu is also dependent on state law. For example, Washington has explicit case law that states a loan holder may not obtain a deficiency judgment after a deed in lieu, even if the consideration is less than a full discharge of the debt. Thompson v. Smith, 58 Wn. App. 361 [1990]. The Washington court ruled that because the deed in lieu was effectively a nonjudicial foreclosure, the borrower was entitled to protection under Washington’s anti-deficiency laws. Additionally, certain states, such as California, have laws prohibiting a deficiency following a short sale, which could potentially be interpreted by courts as analogous to prohibiting a deficiency following a deed in lieu. Cal. Code Civ. Pro. § 580[e]. While the California statute does not technically apply to a deed in lieu, a court could potentially view this as evidence of a legislative intent to prohibit deficiency judgments following all loss mitigation transactions.

Deed-For-Lease Program Under Fannie Mae

If Fannie Mae owns the borrower’s mortgage, he or she may be eligible to participate in its Deed-for-Lease program. Under this program, a borrower who is eligible for a deed in lieu and who indicates an interest in remaining in the property as a tenant following the deed in lieu may lease it from Fannie Mae for 12 months at market rate. For more information on requirements and how to partake in the Deed-For-Lease program, go here.

How to Sell Inherited Property In Philadelphia

Many elders select to will or depart their home equally to all their kids, leaving them to determine how one can divide all the things up. If a part of that inheritance is the household dwelling or different actual property, one of the simplest ways to divide the asset is to promote it and break up up the money. However promoting the property presents particular authorized, sensible and emotional roadblocks. Having a plan and hiring skilled assistance will present essentially the most worthwhile consequence for everybody.

Probate

Before you sell your Philadelphia property you inherited, the estate should undergo probate. Most states permit for abstract probate, an expedited process that doesn’t take loads of time or require legal counsel, however that choice is offered only for small estates ranging in value from a couple of thousand to a couple hundred thousand . Many estates that embody actual property and different assets will exceed this threshold, which means you’ll have to wait for the common probate process to conclude earlier than you possibly can put the property in the marketplace. As soon as the property goes by probate, the courtroom offers the executor of the desire the authority to behave to distribute the property’s belongings and settle the property’s money owed. When you’re the executor and you’ve got siblings who share within the inheritance of the property, you’ll want the permission of your siblings and the courts to promote.

Agreeing to Sell

If everybody concerned in the inheritance agrees the property ought to be sold, the executor can petition the courtroom to permit the sale and proceed from there. Trouble happens when a number of siblings wants to sell and the others wish to hold the property. In that case, you’re going to have to barter. The sibling who desires to retain the property can purchase out the opposite siblings’ curiosity within the property. He might need to take out a mortgage to take action. Different instances, promoting the property is the one choice to settle money owed of the property. On this case, the courts might overrule the dissenting sibling. When you’re having hassle coming to an settlement, a household mediator might be able to assist dealer one. And it is best to have an property lawyer symbolize you to keep away from pricey authorized errors.

Getting ready to Sell

A house that belonged to an aged mother or father or different relative may need repairs and updating earlier than you possibly can promote it. You’ll want to clean out your relative’s belongings. Take into account hiring an inspector to identify potential issues and suggest repairs. When you don’t reside close by, a neighborhood actual property agent can assess the property for you and recommend adjustments that may make the house extra marketable, resembling updating the kitchen or including landscaping. You even have the choice of promoting the house “as is,” although on this case you will have to just accept a cheaper price, particularly if the home wants intensive cleansing or restore.

Tax Issues

Whenever you sell property you’ve inherited, your tax basis for the property is the house’s worth on the day the person who willed it to you died. The distinction between that worth and the quantity you understand from the sale is the achieve on which you owe taxes. When a number of siblings inherit equal shares in a property, they divide the achieve equally and every declare that share on their taxes. So, if the house was value $300,000 when Mother died and also you promote for $345,000 and three siblings inherit, every claims a $15,000 achieve. When you promote for the value of the house or much less, you don’t have a gain to report.

Sell My Vacant Lot Philadelphia

This is the starting point for selling privately owned property in the City of Philadelphia.  We purchase vacant lots in Philadelphia frequently, however are always concerned with the J.L.M (Judgement , liens and Municipal) hurdles.

First impressions are lasting in real estate. When selling a home you would never leave out your dirty laundry for potential buyers to see, and you should also clean up your Philadelphia vacant lot before it is shown and marketed, correct?  Cut the grass (or weeds), remove trash and take photos of your property when it is looking its best. Some sellers even plant wildflowers to make their vacant land look beautiful. It’s like staging a home, but you’re just working with land instead.

Also consider having a survey done in advance and mark your boundaries.

 

We know that it is not easy to complete…. We can help complete these MUST HAVES for sellers as needed to provide a service to sell your lot fast. This will provide useful information and help buyers see the potential in a property to encourage a sale.

Choose Your Price Carefully

Pricing can determine your success in attracting potential buyers, and pricing your lot or land too high is one of the biggest mistakes that sellers make.. The wrong price will both scare away buyers from even inquiring about your property, and will cause your property to take longer to sell.

Pricing land can be trickier when compared to pricing a home.  Developed lots in communities may have a clear “market” price based on the recent sale of similar lots. Raw land, however, may have fewer “comparable” sales to use in determining your price. In addition, the price you ultimately can attract for a singular lot or undeveloped land can vary greatly depending on the buyer’s intended use of the property. For example, if a buyer feels that your acreage is appropriate for a high-end home development it likely will bring a higher price per acre than if a buyer only intends to build a single home on it.

Consider your own needs when pricing, and understand how pricing could impact buyers’ interest. When selling real estate, you sometimes have to choose between getting the highest price and possibly selling quicker. Plus, your pricing may be influenced if you need to sell for financial reasons. In addition to your own situation, pricing your property ultimately requires an understanding of the land market as a whole, why people are buying lots or land in that area and who these people are. A good real estate agent with land expertise can help greatly in this process.

Show Your Vacant lot At Its Best

It can be challenging to market vacant residential lots. Homes are visual, convey a sense of place and evoke emotional responses from buyers. But there is no house for an Open House when selling lots and land.

Be sure to use visual tools to tell the story of your lot or land in your online listing in a beautiful and compelling way. You can’t show photos of a kitchen or great room, so be creative with your lot or land photographs. Use attractive photos of the home site, natural features of the land, the view from your property and even community amenities We use maps, surveys and zoning to show the property boundaries and where it is located. To make sure your loy gets sold fast in Philadelphia.

And although it may not be the same as an Open House, you always should offer to “walk the property” with a potential buyer. You can show them the property lines and tour things like the neighborhood pool or walking trails. Use this opportunity to strategically point out the positive aspects and minimize the negative aspects.

Tell the Story with your Sign

In addition to online listings that target lot and land buyers, effective property signs always should be part of your marketing plan. Don’t just use a standard “For Sale” sign; we suggest that you have a sign custom-made for selling your lot or land (which can be done relatively inexpensively these days). You can help tell the story with your custom signs by including a few key points like acreage and property features. The sign(s) should be located for visibility, look professional and be kept clean and upright.

Work with Pros

Having knowledgeable professionals on your side will always helps when selling your lots and land. There are many benefits from having specialized expertise on board, so we encourage you to work with real estate professionals  We will help you understand the market.

Selling lots and land has its unique challenges and strategies when compared to selling a home, and these are several of the ways you can boost your selling efforts. Whether you’re just starting the process of selling your lot or land in Philadelphia or you need to re-energize your efforts, we hope these tips help you. So take action and find a way to reach past and get to that pool of active lot and land buyers.

Contact us to help with the  process? 

Do you need title insurance?

Your private home could also be new to you, but each property has a historical past. A radical title search will help uncover any title defects tied to your property. And, topic to the phrases of the coverage, your title insurance coverage gives safety for you from title issues that will develop into recognized after you shut your transaction. Ever though about selling your house in Philadelphia? It’s important to know some of the challenges you may face if you did not purchase title insurance.  A few of these frequent title points are:

1. Errors in public data
To err is human, however when it impacts your homeownership rights, these errors could be devastating. Clerical or submitting errors may have an effect on the deed or survey of your property and trigger undo monetary pressure with a purpose to resolve them.

2. Unknown liens
Prior house owners of your property could not have been meticulous bookkeepers — or invoice payers. And although the previous debt will not be your personal, banks or different financing firms can place liens in your property for unpaid money owed even after you will have closed on the sale. That is an particularly worrisome subject with distressed properties.

3. Unlawful deeds
Whereas the chain of title in your property could seem completely sound, it is potential prior deed was made by an undocumented immigrant, a minor, an individual of unsound thoughts, or one who’s reported single however truly married. These cases could have an effect on the enforceability of prior deeds, affecting prior (and probably current) possession.

4. Lacking heirs
When an individual dies, the possession of his residence could fall to his heirs, or these namedwithin his will. Nonetheless, these heirs are generally lacking or unknown on the time of dying. Different instances, relations could contest the need for their very own property rights. These eventualities — which might occur lengthy after you will have bought the property — may have an effect on your rights to the property.

5. Forgeries
Sadly, we do not reside in a totally sincere world. Typically cast or fabricated paperwork that have an effect on property possession are filed inside public data, obscuring the rightful possession of the property. As soon as these forgeries come to gentle, your rights to your property could also be in jeopardy.

6. Undiscovered encumbrances
In the case of proudly owning a house, three could be a crowd. On the time of buy, it’s possible you’ll not know third social gathering holds a declare to all or a part of your property — resulting from a former mortgage or lien, or non-financial claims, like restrictions or covenants limiting using your property.

7. Unknown easements
It’s possible you’ll personal your new residence and its surrounding land, however an unknown easement could prohibit you from utilizing it as you need, or may permit authorities businesses, companies, or different events to entry all or parts of your property. Whereas normally non-financial points, easements can nonetheless have an effect on your proper to get pleasure from your property.

8. Boundary/survey disputes
You will have seen a number of surveys of your property prior to buying, nonetheless, different surveys could exist that present differing boundaries. Subsequently, a neighbor or different social gathering could possibly declare possession to a portion of your property.

9. Undiscovered will
When a property proprietor dies with no obvious will or inheritor, the state could promote his or her belongings, together with the house. If you buy such a house, you assume your rights as proprietor. Nonetheless, even years later, the deceased proprietor’s will could come to gentle and your rights to the property could also be significantly jeopardized.

10. False impersonation of earlier proprietor
Frequent and comparable names could make it potential to falsely “impersonate” a property proprietor. If you buy a house that was as soon as offered by a false proprietor, you may threat shedding your authorized declare to the property.

 

Sell My Home In Philadelphia with a Tax Lien

As a property owner you have  many responsibilities.  If one of these involves discovery of a Tax Lien filed towards your property, the IRS/State will make sure to get their  share.

You may be  behind on  your real estate taxes with city of  Philadelphia, who has recently contracted a collection company to collect the debt, but as long as your not more than 2 years past due you do not have to worry about a Philadelphia Sheriff Sale. There are too many delinquent home owners, but you may consider calling to arrange a payment plan or just sell your property in Philadelphia to us or an active investor.

First, the essential query:

  1. Are you selling, refinancing, or utilizing your property as collateral for a loan?

If you happen to answered “YES” to this query, it’s advisable to wait to pay that debt at closing of your settlement -if you intend on selling the property.

2. What’s a discharge or subordination and the way can it assist me promote or refinance my property?

Most likely that debt will be included in the settlement cost, either paid by you or the BUYER of your property .

 

 

 

 

 

Selling Your House in Philadelphia

If you’re selling your home in Philadelphia, be acknowledged before calling a local real estate agent.

The days of putting a property on the market, receiving multiple bids, getting more than you expected, and accepting an offer in just days — or weeks — are over. Especially with a home that needs”Work”

Philadelphia it’s a sellers market, however Sellers must understand what they’re property is worth. That means that more houses are for sale, there are longer stretches on the market, and prices have slowed, plateaued or, in some places, decreased.

Sellers “need to be prepared for a sustained effort,”

 

 

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