Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 12 years ago on . Most recent reply

Account Closed
  • West Virginia
0
Votes |
3
Posts

Forclosure vs Deed in Lieu

Account Closed
  • West Virginia
Posted

I hold a note(deed of trust), within my SD-RA, that is due at the end of January 2013.
The debtor, a Real estate investor LLC, states that they can not repay the note because they have not sold the house and that they want another extension. The note term was 6 months and that was 20 months ago. They have a tenant in the house who has a lease purchase agreement(18 month) that also expires the end of January. The investor advises that the tenant needs another 3 months to repair their credit, then another 45 to 60 days to close a mortgage. The investor states that the tenant wants to but the house and the investor is making monthly interest payment on the note.
I am not inclined to allow any more extension due to the length of time that has already passed and the fact that the tenant still can not qualify for a mortgage.
So if I do not extend the note would it be better to foreclose on the property or take back the property via Deed in Lieu of foreclosure?

Most Popular Reply

User Stats

22,059
Posts
14,127
Votes
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,127
Votes |
22,059
Posts
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

I've been in your position. I did a deed-in-lieu. Its quick and easy if the borrower cooperates. If the borrower is uncooperative, you have no choice but to foreclose. So, the real factor is whether or not the borrower is willing to do the deed in lieu.

Loading replies...