Credit glossary

Deed in lieu of foreclosure

Definition

An agreement in which you hand your home's title to the mortgage lender to settle the loan instead of going through foreclosure.

A deed in lieu gives up the home, like a foreclosure, but through an agreement rather than a forced sale. It's reported on the mortgage account itself, usually after months of late payments, and that negative information can stay on your report up to seven years. HUD's housing counselor study guide covers it alongside short sales as disposition options when keeping the home isn't possible.

The bigger difference shows up later. Fannie Mae's Selling Guide sets a 4-year wait after a deed in lieu, or 2 with extenuating circumstances, compared with 7 years after a foreclosure. Freddie Mac's manual rules use 48 months, or 24 with extenuating circumstances. If the lender forgives a shortfall, ask whether you'll receive a tax form, because the IRS can treat canceled debt as income.

Guides that go deeper

Sources

  1. Housing Counselor Study Guide, Module 5.3: Avoiding Foreclosure and Disposition Options, U.S. Department of Housing and Urban Development
  2. B3-5.3-07, Significant Derogatory Credit Events: Waiting Periods and Re-establishing Credit, Fannie Mae Selling Guide
  3. Underwriting Reminders for Loan Product Advisor Caution Risk Class Mortgages, Freddie Mac
  4. Topic no. 431, Canceled debt: Is it taxable or not?, Internal Revenue Service
  5. How long does negative information remain on my credit report?, Consumer Financial Protection Bureau

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