Escondido Foreclosure Lawyers
The Foreclosure Process in California
In Escondido, 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 Escondido, 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.
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 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 Escondido, California real estate attorney help?
In Escondido, California, dealing with a possible foreclosure is never easy. However, the assistance of a good 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 EscondidoEscondido is located in San Diego County, California. The name "Escondido" is a Spanish word meaning "hidden". This is in reference to the city being situated in a valley and bordered by scenic hills. Escondido has a population of about 144,000 and is growing at a rapid rate.
Many major business and companies have their headquarters in Escondido, California. Some of the major employers for Escondido residents include Stone Brewing Company, and the San Diego Zoo Safari Park. Escondido's population growth is supported by the presence of several residential communities, including Hidden Trails and Valley Center.
Escondido, California is an excellent city for leisure and entertainment. The downtown area features a number of cafes, art galleries, and restaurants. During the spring and summer seasons, the city hosts "Crusin' Grand", which is a public automobile show held every Friday. Crusin' Grand features ultra-hip hot rods, historic cars, and live DJ music. Other fun events include the Grape Day Parade and Festival, the Community Wellness Expo, and an Independence Day Celebration.
Lawyers in Escondido assist their clients through a variety of legal services. Escondido, California attorneys also contribute to the community through participation in city planning and development projects. Escondido lawyers are knowledgeable of the various laws and regulations that are unique to the city.