Executory Deed in Lieu of Foreclosure Unenforceable Conveyance Skip to main content

Executory Deed in Lieu of Foreclosure Unenforceable Conveyance

Executory Deed in Lieu of Foreclosure Unenforceable Conveyance

Overview


Kate Williams wrote this bylined article on a New York Bankruptcy Court decision that the parties’ written agreement to condition a property conveyance upon any future default by the borrower was no more than a mortgage. Thus, Ms. Williams wrote, if such a deed in lieu of foreclosure “is truly contemplated to be a conveyance of a property, it should be negotiated after a borrower’s default in exchange for the release of debt, rather than as security for any future default.”

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