Tempe Foreclosure Lawyers
The Foreclosure Process in Arizona
In Tempe, 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 person 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 allows 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 cover 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. Basically, 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 Tempe, Arizona
It is absolutely essential that you maintain a line of communication with your lender. Your can't expect your lender to accommodate your changed financial situation if they don't know about it. Ignoring the issue and hoping it will go away is the worst possible solution.
You should remember that the bank doesn't really want your house. They granted a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.
Because banks don't particularly enjoy foreclosing, they will probably be willing to work out an alternative payment plan with you, if necessary. However, 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.
Some buyers in Arizona, when none of the above options have worked, resort to a "short sale." This involves selling a house which is about to be foreclosed, usually for less than its market value. If the house sells for less than what's left on the mortgage, the homeowner is relieved of the duty to pay the balance. If you have decided that you have no hope of making your mortgage payments, and foreclosure seems inevitable anyway, this might be the way to go.
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Can a Tempe, Arizona real estate attorney help?
If you are facing foreclosure in Tempe, Arizona, and want to do everything practicable to save your house, the assistance of a good real estate lawyer might prove invaluable.
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Life in TempeTempe is located in Maricopa County in Arizona. It has a population of about 175,000 and was incorporated in the year 1894. Its name comes from the "Vale of Tempe" located in Greece. Tempe is known for being the headquarters for several prominent corporations.
The economy of Tempe is comprised mainly of large corporations which have their headquarters in the city. For example, companies such as U.S. Airways and Insight Enterprises have their executive headquarters in Tempe. Cold Stone Creamery, a popular ice cream franchise, was originally located in the city. In addition, Tempe is home to Arizona State University at Tempe, where the Insight Bowl is held every year.
Residents of Tempe enjoy great performance in the arts at the Gammage Auditorium and the Tempe Center for the Arts. Also, visitors frequently enjoy shopping in Tempe's retail district, located at Mills Avenue and at Arizona Mills, one of the largest shopping malls in the state. The Tempe Marketplace is where you can go for excellent outdoor festivals and concerts.
Lawyers in Tempe, Arizona typically file legal claims at the Tempe Municipal Court. The municipal court handles a wide range of legal issues and ordinance violations. Tempe lawyers also participate in a variety of exciting civic and community service events.