24 CFR §203.357
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Mortgagors owning one property. In lieu of instituting or completing a foreclosure, the mortgagee may acquire property from one other than a corporate mortgagor by voluntary conveyance from the mortgagor who certifies that he does not own any other property subject to a mortgage insured or held by FHA. Conveyance of the property by deed in lieu of foreclosure is approved subject to the following requirements:
- (1)The mortgage is in default at the time the deed is executed and delivered;
- (2)The credit instrument is cancelled and surrendered to the mortgagor;
- (3)The mortgage is satisfied of record as a part of the consideration for such conveyance;
- (4)The deed from the mortgagor contains a covenant which warrants against the acts of the grantor and all claiming by, through, or under him and conveys good marketable title;
- (5)The mortgagee transfers to the Commissioner good marketable title accompanied by satisfactory title evidence.
- (b)Corporate mortgagors. A mortgagee may accept a deed in lieu of foreclosure from a corporate mortgagor in compliance with the requirements of paragraph (a) of this section, if the mortgagee obtains the prior written consent of the Commissioner.
- (c)Mortgagors owning more than one property. The mortgagee may accept a deed in lieu of foreclosure in compliance with the provisions of paragraph (a) of this section, from an individual who owns more than one property which is subject to a mortgage insured or held by the FHA if the mortgagee obtains the prior written consent of the Commissioner.