HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-07-2004, 02:52 PM
Junior Member
 
Join Date: Dec 2004
Posts: 2
Question

Voluntary Deed Transfer in lieu of Forclosure


What is the name of your state?What is the name of your state? Missouri

I purchased a home about 1 1/2 years ago. The mortgage was owner financed. Over the summer I got married and the previous owner agreed to buy the place back since we are going to live in my wife's house. The previous owner backed out on the deal at the last minute. I've made several improvements (new roof, replacement windows, etc...) to the house but it turns out it still isn't worth what I paid him for it. If I sell the house via a realtor I'm going to be out a substantial amount of money. I read something about a "volantary deed transfer in lieu of forclosure" on a HUD site. Is this something I could do?

Thanks.
Reply With Quote
  #2  
Old 12-07-2004, 04:19 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by owen
I read something about a "volantary deed transfer in lieu of forclosure" on a HUD site. Is this something I could do?
Yes, you can do a voluntary deed transfer in lieu of foreclosure. It will be a quit claim deed from everyone on title and spouses, if any, to the person/institution who loaned the money. It, in effect, wipes out the mortgage/deed of trust and puts title in to the person/institution who loaned the money. (Generally, the lender has to agree to doing this.)

Don't, however, give up on the idea of not selling through a real estate agent. Go talk to one first before you give the house back.
Reply With Quote
  #3  
Old 12-08-2004, 09:18 AM
Junior Member
 
Join Date: Dec 2004
Posts: 2
Exclamation

Thanks and question


Thank you very much for your response. As it turns out I had a meeting with a realtor last night. She improved my outlook on what the house can sell for considerably.

Just in case that doesn't work out, is it possible to do the voluntary transfer if the lender (in my case also the seller) isn't "agreeable?"

Thanks.
Reply With Quote
  #4  
Old 12-08-2004, 09:20 AM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by owen
Just in case that doesn't work out, is it possible to do the voluntary transfer if the lender (in my case also the seller) isn't "agreeable?"
This is something you should ask the lender. Lenders generally do not want to be in the real estate business.

Good luck.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 01:54 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.