Staunton Foreclosure Lawyers

Find the right Foreclosure attorney in Staunton, VA

Foreclosure Law in Virginia

Foreclosure is when a lender in Staunton, Virginia, re-possesses the real property that was bought with the loan. This is meant to cover the bank's losses, in case the borrower continuously fails to make his or her mortgage payments.

A foreclosure typically involves a forced sale of the house at auction, so the bank can recover at least some of the loss it has incurred as a result of the default. Banks typically want to rid themselves of the property as soon as possible, collect as much money as they can from the sale, and then move on.

In Virginia, and every other state, foreclosed homeowners can go through a "foreclosure by judicial sale." In this form of foreclosure sale, a court supervises the sale, ensuring that the bank makes every reasonable effort to get the highest price possible for the house. The purpose of this is to maximize the chances that the bank gets, at the very least, the remaining balance of the mortgage. Although this may seem counter-intuitive, it is intended to safeguard the borrower: it helps prevent them from still owing money after the house is sold at auction.

In a large number of states, but not all of them, mortgages are a type of loan identified as a "non-recourse loan." While the regulations governing these loans are complex, it most essentially means that, once the house is sold, and the sale price doesn't cover what the borrower owes, the lender can't go after the borrower for the remainder. They simply have to take the loss.

How to Possibly Avoid Foreclosure in Staunton, Virginia

First and foremost, you need to communicate with your lender, and not dismiss the issue. Ignoring a problem with your mortgage will not make it go away, and can only make things worse. You should be forthright with your lender, and stay in touch with them as much as possible.

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 typically leads to a great deal of the debt on the mortgage being forgiven. Typically, a short sale in Virginia 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 Staunton, Virginia real estate attorney help?

In Staunton, Virginia, dealing with a possible foreclosure is never easy. However, the assistance of a reliable real estate lawyer can make the whole process much more bearable, and possibly delay or even prevent the foreclosure altogether.

Talk to a Real Estate Law Attorney now!

Life in Staunton

The city of Staunton is located in Augusta County, Virginia. It is a relatively older community comprised of about 23,000 residents. It was incorporated in 1871. Staunton was first settled by merchants, and its economic beginnings can be traced to the fields of trade, industry, and transportation. The city is locally known for being the birthplace of former U.S. President Woodrow Wilson.

Currently Staunton is an ideal tourist destination, as it has five separate districts with many sights to see. The arts and culture contribute greatly to Staunton's atmosphere, as can be seen by the American Shakespeare Center. The Center is home to the only replica of Shakespeare's Blackfriars Theatre in existence. Strict building codes have preserved much of Staunton's unique early-American architecture. This makes it a popular location for film and T.V. settings.

Staunton residents can enjoy many of the city's outdoor festivals and parades, such as the 4th of July Celebration. Country music is a favorite for many locals, as the city has produced many top-notch artists. The city is a genuine reservoir of American culture and history. Besides President Woodrow Wilson, Staunton has been the hometown of several lawyers, senators, and legislators throughout history.

Staunton lawyers typically file their cases at the Staunton General District Court located in the city. Many lawyers in Staunton, Virginia frequently participate in the city's many community service and outreach programs.

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