Scottsdale Foreclosure Lawyers

Scottsdale Foreclosure Lawyers, AZ

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The Foreclosure Process in Arizona

In Scottsdale, 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 Scottsdale, 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.

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.

Because banks don't specifically enjoy foreclosing, they will probably be willing to work out an alternative payment plan with you, if necessary. Nonetheless, if you think that this might be needed in the near future, you should contact your lender immediately. The sooner they know about it, the more options you have.

As a last resort, some borrowers consider a "short sale." In a short sale, the homeowner sells the house to the highest bidder, and uses the funds to pay off the remaining debt. If there is any extra from the sale, it goes to the borrower. If the sale price is worth less than what's left of the mortgage in Arizona, the remaining debt is absolved.

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Can a Scottsdale, Arizona real estate attorney help?

If you live in Scottsdale, 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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Life in Scottsdale

Located in Maricopa County, Scottsdale is truly one of the desert state's gems. With a population of 245,000 the sizeable city is a vacation destination for many people across the country. Not surprisingly, Scottsdale has more spas than any other city in the country, a number that sees spa-seekers visiting the city year round for some much needed rest and relaxation.

Scottsdale is often described as the "South Beach in the desert" because of the busy nightlife scene and many luxury hotels that the Arizona city has to offer. And what nightlife is complete without many of the nation's top cities to serve the clientele before their night on the town. Scottsdale sits in the middle of two other popular Arizona cities -- Phoenix and Paradise Valley.

Scottsdale is also famous for the many golf courses the city has to offer beginners and professionals. In fact, the Robb Report dubbed Scottsdale "The Best City to Live in for Golf." In addition to golf, Scottsdale is home to many professional and minor league sports teams. The Arizona Cardinals (NFL), Phoenix Suns (NBA), Phoenix Coyotes (NHL), and Arizona Diamondbacks (MLB) all call Scottsdale home. 

Scottsdale also has some college charm as it is home to Arizona State University. The Sun Devils have a great law school that produces many of Scottsdale's top lawyers. WIth a city of this size, Scottsdale lawyers are skilled in a range of practice areas to serve their clientele ranging from professional athletes, to a citizen with an everyday legal question.

Scottsdale is a wonderful city to work, play, and relax in and the desert climate makes it a great place to be any month of the year!

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