Peoria Foreclosure Lawyers
The Foreclosure Process in Arizona
In Peoria, 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 commonly is a forced sale of a house at auction, since those are the most common types of property bought through a mortgage. Banks will normally 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.
Some states treat mortgages as "non-recourse loans." A non-recourse loan is one that is secured by the borrower's property, but for which the borrower is not personally liable. Essentially, this means that a lender in a foreclosure can take the house that was mortgaged, but nothing else. If the house sells for less than the lender is owed, it cannot go after the borrower.
How to Possibly Avoid Foreclosure in Peoria, Arizona
Communication between you and your lender is perhaps the most significant way to prevent foreclosure. Ignoring the issue is guaranteed to be counterproductive. Honesty is the best policy when it comes to dealing with lenders.
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.
It's possible that your lender is willing to negotiate a plan that results in temporarily-lower payments on your mortgage, particularly if this means that they will be able to get some payments, instead of none at all.
Lastly, there is the "short sale." Normally considered a last resort, a short sale results in the borrower losing their home, but discharges almost all of their remaining mortgage debt. If the house is worth far less than the balance of the mortgage, this might be a good choice. In Arizona, when a house is sold in a short sale, the proceeds go to the lender. If it sells for less than the mortgage balance, whatever's leftover is forgiven. If it sells for more, the surplus goes to the homeowner.
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Can a Peoria, Arizona real estate attorney help?
If you live in Peoria, Arizona 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 accomplished real estate lawyer probably will.
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Foreclosure Attorneys in the Largest AZ Cities
Life in PeoriaPeoria, Arizona is situated in both Maricopa and Yavapai counties. It is a major suburb of Phoenix and is home to a population of about 160,000 people. Peoria has grown economically and industrially in recent decades.
The city of Peoria, Arizona is known for developing and incorporating innovative technologies related to water irrigation and solar power harnessing. For example, the Maricopa Solar Power Plant is located in Peoria and was completed in 2010.
One of the main attractions in Peoria is the Peoria Sports Complex. The stadium brings in many tourists, festivals, tours, concerts, and social events. Several Major League Baseball teams use the stadium for spring training and year-round training. The Peoria Sports Complex has contributed to much of the city's growth and economic development.
Peoria's population continues to grow as more and more people relocate there for both work and leisure. In fact, the name "Peoria" has almost become synonymous with leisure living and resort vacations in the state of Arizona.
Lawyers in Peoria, Arizona engage in a number of legal services which assist the city's bustling social and economic scene. Peoria attorneys enhance their skills through memberships in groups such as the West Maricopa County Bar Association.