Flagstaff Foreclosure Lawyers

Flagstaff Foreclosure Lawyers, AZ

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The Foreclosure Process in Arizona

In Flagstaff, Arizona, 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.

Foreclosure most often is a forced sale of a house at auction, since those are the most common types of property bought through a mortgage. Banks will usually try to get rid of the property as quickly as they can, selling it for as much money as they can get in a short period of time.

In all states in the U.S., including Arizona, borrowers have the option of foreclosure by judicial sale. This permits a court to oversee the sale of the property by the bank. The purpose of this is to get the house to sell for the highest price possible. While this might seem like something that would only benefit the bank, it is also a great benefit to the borrower, since it increases the likelihood that the sale will encompass the full balance of the mortgage, preventing them from having to pay it.

In many states, mortgages fall into a category of loans known as "non-recourse loans." This means that, if the house is sold by the lender, the entire debt is eliminated, even if the sale price was less than the remaining balance on the loan. While the loss of one's home can be personally devastating, treating a mortgage as a non-recourse loan at least means that the homeowner will be more or less free to move on with their life once the property is foreclosed and sold.

How to Possibly Avoid Foreclosure in Flagstaff, Arizona

To prevent foreclosure, communicating with your lender is key. Let's face it - if you're in a case where foreclosure looks like a possibility, your life is not going to be easy for some time. While it's challenging to step up and acknowledge unpleasant facts, doing so will make your life much easier in the long run. If your lender is aware of your situation, it's far more likely that you'll be able to work something out with them.

Bear in mind that banks aren't in the business of real estate speculation - they're in the business of lending money, and making profits through interest on their loans. In short, the bank doesn't really want your house - they'd much rather have you continue making your mortgage payments. For banks, foreclosing on a home is a last resort. Essentially, nobody likes foreclosures, and everyone wants to prevent them.

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.

In Arizona, some buyers have no choice but to resort to a short sale. This is simply the sale of the house, and using the funds to pay off the remainder of the mortgage. One benefit of a short sale is that, if the house sells for less than the mortgage balance, the remaining debt is discharged, and the borrower is free and clear.

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Can a Flagstaff, Arizona real estate attorney help?

If you are facing foreclosure in Flagstaff, Arizona, and want to do everything practicable to save your house, the assistance of a reputable real estate lawyer might prove invaluable.

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Life in Flagstaff

With a different name, Flagstaff was named after a Ponderosa Pine flagpole made by a scouting party from Boston.  This name was given on July 4, 1876 while celebrating the United States Centennial.  Flagstaff, Arizona is home to approximately 65,870 people, and is located in northern Arizona. 

Popular attractions include the Grand Canyon National Park, Walnut Canyon National Monument, Wupatki National Monument, Barringer Crater, Glen Canyon National Recreation Area and Lake Powell.  Obviously, Flagstaff is a nature-lover's heaven.

The economy is primarily based on lumber, railroad, and ranching.  Many large corporations have locations in Flagstaff.  Such corporations include Lowell Observatory, Nestle Purina PetCare, Walgreens, and W.L. Gore & Associates.  With so many corporations and industries, Flagstaff is home to many small law firms with excellent attorneys devoted to excellent legal service.  If need be for a large law firm, Phoenix firms are available, with attorneys always willing to make the short trip to Flagstaff.  Therefore, Flagstaff is a community that is well-served by the legal industry.

As a side note, Flagstaff is known to many because running scenes from the hit film Forrest Gump were shot there!  Overall, Flagstaff is a wonderful area rich in culture and industry. 

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