Boca Raton Foreclosure Lawyers

Find the right Foreclosure attorney in Boca Raton, FL

Foreclosure Law in Florida

In Boca Raton, Florida, foreclosure is a legal process through which an entity which has issued a mortgage takes possession and/or ownership of the property that secured the mortgage, because the individual who took out the mortgage has consistently failed to make payments on it. The property in question is usually a house.

When consumers have to deal with foreclosure, it almost always involves a home. The bank will typically take possession of the house, and then sell it at auction, to try to encompass the balance of the mortgage. Banks usually want sell the property quickly, for as much money as possible.

In every U.S. state, including Florida, a borrower has a right to a judicial sale of their foreclosed property. A judicial sale is just an auction supervised by a court. The purpose of this is to make sure that the lender takes reasonable steps to sell the home for the highest possible price, and to ensure that the homeowner has an opportunity to bid on the house, if he or she is able. It is in everybody's interest for the bank to get the highest price possible for the house, even the borrower's. If the house fetches a higher price than what's left on the mortgage, the buyer can keep what's leftover. On the other hand, if it fetches less, the buyer might have to pay the deficiency.

In some states, original mortgages are known as "non-recourse" loans, making the above problem a non-issue. This essentially means that once the mortgaged property is sold by the lender, the debt is discharged, even if the sale nets less than the remaining balance on the mortgage. The borrower will simply have to write this off as a loss. However, this usually does not apply to refinanced or second mortgages.

How to Possibly Avoid Foreclosure in Boca Raton, Florida

It's very important that you engage in continued communication with your bank. Lenders are surprisingly willing to make accommodations if it means they still get paid something, but in order to accommodate your case, they have to know about it.

You should be mindful of the fact that your bank wants you to make your monthly mortgage payments - they likely aren't scheming to trick you into giving up your home. This isn't out of altruism, it's due to the fact that foreclosure is almost never as lucrative for the bank in the long run than a mortgage that is paid in full over a period of years or decades, with interest accruing the whole time. For a bank, a foreclosure is just a last resort to cut their losses.

If your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, permitting for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.

As a last resort, you might consider a "short sale," which results in loss of the home, but it usually leads to a great deal of the debt on the mortgage being forgiven. Essentially, a short sale in Florida involves selling the house for whatever price it can fetch. The proceeds from the sale go to the lender, and if it sells for less than what's left on the mortgage, the balance of the debt is forgiven.

Can a Boca Raton, Florida real estate attorney help?

If you live in Boca Raton, Florida and believe that your house is in danger of being foreclosed, you may have more options and protections than you think. You may not know what all of them are, but an experienced real estate lawyer probably will.

Talk to a Real Estate Law Attorney now!

Life in Boca Raton

Boca Raton is located in the popular area of Palm Beach County, Florida. Approximately 200,00 people call Boca Raton home. Surrounding popular areas include West Palm Beach and Pompano Beach. What makes Boca Raton so wonderful to live in is the geography. It is seen as one of the best places to live in South Florida, because it is very metropolitan, a favorite of young, single professionals, and filled with high rises and beautiful living with water views.

Top employers in the area include The Continental Group, IBM, National Council on Compensation Insurance, Boca Raton Resort, Florida Atlantic University, and the city itself. Many top tier law firms are located around Boca Raton. Small to mid size law firms also have offices in or near Boca Raton. All in all, alongside the many industries listed as top employers, the legal industry also havea strong presence and significantly serves residents of Boca Raton.

Some famous residents of Boca Raton include Jeff Gordon, Keith Byars, Jon Bon Jovi, Ernst Borgnine, Jeanne Bice, Paul Newman, and Pete Rose.

All in all, Boca Raton is a paradise of a place to live in!

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