Concord Foreclosure Lawyers

Concord Foreclosure Lawyers, CA

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The Foreclosure Process in California

In Concord, California, 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 frequently is a forced sale of a house at auction, since those are the most common types of property bought through a mortgage. Banks will typically 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 every U.S. state, including California, a borrower has a right to a judicial sale of their foreclosed property. A judicial sale is simply an auction overseen by a court. The purpose of this is to make sure that the lender takes reasonable steps to sell the home for the highest possible price, and to ensure that the homeowner has an opportunity to bid on the house, if he or she is able. It is in everybody's interest for the bank to get the highest price possible for the house, even the borrower's. If the house fetches a higher price than what's left on the mortgage, the buyer can keep what's leftover. On the other hand, if it fetches less, the buyer might have to pay the deficiency.

In many states, mortgages fall into a category of loans identified 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 Concord, California

First and foremost, you need to communicate with your lender, and not ignore 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.

Throughout all this, you should remember one thing: the bank doesn't really want your house. After all, banks aren't real estate speculators, they're primarily money lenders. They stand to make a great deal of money if you are able to make your mortgage payments until it's paid off. They're likely to make much less if they're forced to sell your house.

If you experience a sudden change in your financial situation, your lender, in an effort to prevent you from defaulting, might be willing to accept lower monthly payments, at least temporarily.

Some buyers in California, when none of the above options have worked, resort to a "short sale." This includes selling a house which is about to be foreclosed, typically 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 Concord, California real estate attorney help?

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

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Life in Concord

Concord, California is the largest city in Contra Costa County, California. It has a population of over 122,000 people, making it one of the largest suburbs in the San Francisco Bay Area. 

Concord was founded in 1869, and was originally named "Todos Santos," meaning "All Saints." Adjacent to Concord, California is Port Chicago - a major Navy supply depot. In 1944, it was the site of one of the biggest naval disasters to ever occur on the U.S. mainland. Sailors were loading munitions onto a large cargo ship. 

The munitions on the ship detonated, causing a massive explosion, killing 320 sailors and civilians - most of them African-American. This led to over 200 African-American sailors refusing to load munitions due to unsafe working conditions, resulting in the largest mutiny trial in U.S. Navy history, in which 50 men were convicted. Thurgood Marshall, a lawyer and future Supreme Court justice, sat in on most of the proceedings and claimed that they were prejudiced against the defendants. The men were sentenced to long prison terms, but were released after a few years. These events led to the Navy hastening its desegregation plans, and making efforts to improve working conditions.

Several lawyers from in and around Concord, California were likely involved in these proceedings.

If you live in Concord, California, and are in need of legal advice, the lawyers of Concord, California can help. A Concord, California attorney can probably assist you with virtually any legal issue you're likely to face.

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