Emeryville Foreclosure Lawyers

Emeryville Foreclosure Lawyers, CA

Find the Right Lawyer Now

The Foreclosure Process in California

In Emeryville, 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 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 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 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 Emeryville, California

It's very important that you engage in continued communication with your bank. Lenders are surprisingly willing to make accommodations if it means they still get paid something, but in order to accommodate your situation, they have to know about it.

You must keep in mind that banks are in the business of lending money, not flipping property: the bank doesn't really want your house. To that end, they'll sometimes go to great lengths to accommodate your financial situation, whatever it may be. For banks, foreclosure is a last resort.

It's possible that your lender is willing to negotiate a plan that results in temporarily-lower payments on your mortgage, especially if this means that they will be able to get some payments, instead of none at all.

In California, 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 advantage 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.

Find a Emeryville Lawyer that Specializes in Your Area of Need:

Can a Emeryville, California real estate attorney help?

If you live in Emeryville, California 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 experienced real estate lawyer probably will.

87 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Emeryville

Foreclosure Attorneys in the Largest CA Cities

Show California Cities

Life in Emeryville

Emeryville, California is a city in Alameda County, California. It is directly adjacent to the city of Oakland, which is one of the largest cities in the San Francisco Bay Area. Its population is about 10,000 people.

Human habitation of the area now known as Emeryville dates back thousands of years. The first European settlers to the area were the Spanish, who arrived in 1776 and established a military an missionary presence.

Modernly, Emeryville, California is known for being the home of some of the few remaining salt marshes and undisturbed mud flats in North America, which provide an important habitat for migratory birds and other valuable wildlife. Many local Emeryville, California environmental lawyers were responsible for helping to establish these nature reserves.

If you live in Emeryville, California and find yourself needing legal services, you should speak with a competent and experienced Emeryville, California attorney as soon as possible.

Foreclosure Lawyers in Other California Cities and Towns


Find the Right Lawyer Now

Need a Real Estate Lawyer?

No obligation - Lawyers compete for your case. Choose your issue & get started now:

Emeryville foreclosure lawyer, Emeryville foreclosure attorney, Emeryville foreclosure lawyers, Emeryville foreclosure attorneys, foreclosure attorney in Emeryville