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Anne, Master Tax Preparer
Category: Tax
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Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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I am unable to sell my house. It is worth less then what I

Resolved Question:

I am unable to sell my house. It is worth less then what I owe on the mortgage.
I need to do a "deed in lieu of", since I do not have the money to do a short sale.
I cantacted the bank, Bank of America, but they never return my calls.
Probably because I still pay on time.
What can I do?
I appreciate your help!!
Submitted: 6 years ago.
Category: Tax
Expert:  Anne replied 6 years ago.

Thank you for using justanswer. What you're looking for is "Deed in Lieu of Foreclosure", which means you are at risk for losing your home to foreclosure for failure to pay the mortgage. Since you are still making your payments that could easily explain why the bank has not returned your call.

The first step in getting a deed in lieu of foreclosure is that your home must be at risk for being foreclosed on (or the foreclosure process has already started)

The deed in lieu of foreclosure offers advantages to both the lender and the borrower. The main advantage to the borrower is that it immediately releases him from all or most of the indebtedness associated with the loan in default.

If you have been unable to make your monthly payments and your home has been on the market without success of sale, this form of foreclosure may be what is necessary to get you back on track. Deed in lieu allows you, the borrower, to transfer your property to your lender voluntarily and your debt is often forgiven. This procedure will not save your home, but it will help the possibility of you getting another loan in the future. It will also help prevent the lengthy and costly procedure of a foreclosure. It is a negative strike on your credit, but not as bad as a foreclosure.


Please see below for information re: Foreclosures


Publication 4681 (2009), Canceled Debts, Foreclosures, Repossessions, and Abandonments


I hope this helps.


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