[WSBARP] Deed in Lieu of Foreclosure - Removal of Grantor

[Rich Holland]

I would think you could put something like that in the Estoppel Affidavit (which accompanies a DiL usually) where the borrower is essentially estopped from raising a defense to such an action.

Rich on his phone
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com <Jeff at bellanddavispllc.com>
Sent: Friday, August 4, 2023 11:50:28 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed in Lieu of Foreclosure - Removal of Grantor


Listmates:



I have done Deed in Lieu of Foreclosures for years.  I have no clue where those are authorized.  Also, what if the Grantor, of such deed, fails to get out.  Does the Grantee have the same rights as the purchaser at a deed of trust foreclosure sale?  Can you agree as part of the Deed in lieu, that if the Grantor does not vacate by a date certain, that the Grantee can treat the Grantor as a squatter, or trespasser and use a  three day notice to vacate under 59.12?



Jeff



W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

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