deed in lieu of foreclosure
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Maryland's top court has ruled that lenders cannot execute a deed in lieu of foreclosure as a condition of approving the loan before the borrower has defaulted on the mortgage.
In an opinion on Friday, the Court of Appeals vacated an earlier decision from the Montgomery County Circuit Court in favor of the lender and remanded the case to that court for further proceedings.
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Maryland's top court has ruled that lenders cannot execute a deed in lieu of foreclosure as a condition of approving the loan before the borrower has defaulted on the mortgage.
In an opinion on Friday, the Court of Appeals vacated an earlier decision from the Montgomery County Circuit Court in favor of the lender and remanded the case to that court for further proceedings.
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Through this action, the Rural Housing Service (RHS) amends its regulations for the Direct Single Family Housing Loans by reinstating language in the Single Family Housing (SFH) recapture regulation to enable full repayment of the entire subsidy in event of foreclosure or deed-in-lieu of foreclosure (voluntary conveyance). This action clarifies that in the event of foreclosure or deed-in-lieu of foreclosure (voluntary conveyance) the RHS will recapture the full subsidy from the value of the property.
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The Franklin County YMCA has surrendered ownership of its Rocky Mount locations to the bank from which it has borrowed more than $3 million.
A deed-in-lieu of foreclosure filed in Franklin County Circuit Court, dated Dec.22, stated that the organization was turning over its two Rocky Mount locations to CRM Mid-Atlantic Properties, an affiliate of SunTrust Banks.
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A California real estate partnership intends to buy up to 1,000 Tulsa apartment units this year - and double that in 2011.
Tahiti Partners, led by Geoffrey S. Payne of Long Beach and David Schieber of Portland, Ore., started that process in July with Compass Pointe Apartments, an 86-unit north Tulsa property. Paying $830,000 cash for its bank note, Tahiti acquired the deed in lieu of foreclosure, said broker Raymond Lord of NAI Commercial Properties. Tahiti budgeted more than $500,000 for an extensive renovation to upgrade the distressed property.
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One of the strategies mortgage borrowers and lenders should consider when a borrower can no longer make payments on a mortgage loan (or chooses not to make payments because the value of the home is less than the amount owed on the loan) is a deed in lieu of foreclosure.
In a deed in lieu of foreclosure, the borrower transfers ownership of the property back to the lender by means of a (sort of) voluntary deed.