All Laws Decoded

What Is a Deed in Lieu of Foreclosure?

A deed in lieu of foreclosure is an arrangement in which a homeowner voluntarily transfers ownership of the home to the lender (or, for some FHA loans, to HUD) to avoid the foreclosure process. It is a type of loss mitigation that requires the servicer's agreement. It may release the borrower from the remaining mortgage debt, but whether any deficiency is waived depends on the agreement and state law.

What the law says

FAQ

Is a deed in lieu the same as a short sale?
No. In a short sale you sell the home for less than what you owe; in a deed-in-lieu you voluntarily turn ownership over to the lender. Both are types of loss mitigation.
Will I still owe money after a deed in lieu?
It may help you avoid personal liability for the remaining balance. In states where borrowers can be responsible for a deficiency, the CFPB says to ask the lender to waive it and get the waiver in writing.
Can I just hand the keys to my lender?
A deed-in-lieu is an option your servicer may or may not offer. The CFPB says to contact your servicer and complete its assistance application; the servicer will tell you which options, if any, are available.
How does a deed in lieu compare with foreclosure?
The CFPB says options such as a deed-in-lieu are typically cheaper, faster, and less damaging to credit than foreclosure.
Could a deed in lieu have tax consequences?
The IRS lists a voluntary transfer of property to the lender as an event that can result in canceled debt, which is generally taxable unless an exclusion applies.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.