A deed in lieu of foreclosure transfers real estate from the owner/debtor to the mortgage-holder. This may be an attractive route to take in some situations after the borrower defaults. For instance, in cases involving commercial property or low-value property, it may be more efficient from both borrower and mortgage-holder to avert the mortgage foreclosure process. An important factor to consider is whether there are junior lien holders who would be affected by the deed in lieu of foreclosure process. A junior lien holder's interest would generally be cut off upon the completion of a foreclosure. Because the deed in lieu process avoids foreclosure, the junior lien holder's interest would still remain to blacken the title.
If the deed in lieu of foreclosure process is appropriate, the following is a rundown of the process in Iowa.
- Borrower defaults.
- Borrower offers in writing to avoid foreclosure by executing a deed in lieu of foreclosure.
- Obtain an appraisal from an independent, certified appraiser.
- Obtain an updated abstract and title opinion.
- Complete due diligence investigation on the property. This investigation should include but not be limited to:
- Determine what leases affect the property.
- Determine other liens or judgments against the property.
- Determine status of taxes and other obligations of the property.
- Determine senior liens and obtain consent/estoppel letters as necessary.
A deed in lieu of foreclosure is a taxable event. Your CPA should be consulted to determine the tax consequences prior to engaging the process.
This information is provided for informational purposes only and does not constitute as legal advice or legal opinions. You should not act or rely on any information without first seeking the advice of an attorney. To learn more about deed in lieu of foreclosures, contact Attorney Emilee Boyle Gehling.
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