Arizona Conveyance of Deed to Lender in Lieu of Foreclosure
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How to fill out Conveyance Of Deed To Lender In Lieu Of Foreclosure?
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FAQ
What might prevent an Arizona lender from accepting a borrower's deed in lieu of foreclosure? What if the title is encumbered by liens? the lender may balk at accepting the deed, since this affects the ability to resell the property for a profit.
Items that a lender should consider when determining which course of action to take include, among other things, the property location, the type of foreclosure process, the type of loan (recourse or nonrecourse), existing liens on the property, operational costs, status of construction, availability of title insurance, ...
How Long Does the Typical Foreclosure Process Take in Arizona? Arizona lenders typically need between 90 and 120 days to foreclose on a property in a non judicial foreclosure process that is uncontested by the borrower.
A Deed in Lieu does not clear second (or even third) mortgages, and therefore will not allow the lender to take clear title to the property. (These are sometimes referred to as junior liens.) And if the Deed in Lieu is accepted, the secondary lender may come after you for the deficiency.
Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
Chapter 13 bankruptcy in Arizona: It is a common option to go for to stop foreclosure. ing to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears. The lenders will be given orders to stop going forward with the foreclosure process.
It's important to remember that your lender has no obligation to accept a deed in lieu agreement. Some of the reasons why a lender might reject a deed in lieu include: A depreciated home value: If the fair market value of your home has gone down, you might owe more on your loan than your home is worth.
Answer: After a judicial foreclosure in Arizona, the debtor or his successors in interest ordinarily may redeem at any time at any time within six months after the date of the sale (A.R.S. 33-12-1282).