Fontana Foreclosure Lawyers
The Foreclosure Process in California
In Fontana, 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 individual 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 just an auction supervised 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 Fontana, California
It's quite 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 case, they have to know about it.
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 mainly 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 your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, permitting for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.
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 Fontana, California real estate attorney help?
If you are facing foreclosure in Fontana, California, and want to do everything practicable to save your house, the assistance of a reliable real estate lawyer might prove invaluable.
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Life in FontanaFontana, California is known as a central hub for the trucking industry because Interstate 10, State Route 210 and Interstate 15 surround it. Fontana lies in San Bernardino County, California. The area is famous for its history, with a historic regional park, theater, and the Kaiser Steel Mill. Alongside history, Fontana is also home to runners all over California because Fontana hosts the Fontana Days Half Marathon and the 5K run. This race is known all over the world as the fastest marathon course!
Fontana is home to approximately 196,069 residents, which includes a diverse population of African Americans, Caucasians, Native Americans, Asians, Pacific Islanders, and Latinos. With so many people, naturally Fontana would offer many cultural, sports, and recreation activities. These activities include the Center Stage Theater, Art Depot, Auto Club Speedway and Fontana Park.
Fontana's main industry is the trucking industry. Therefore the city is home to many truck dealerships and equipment sales centers. Legal services are available to support this industry via small law offices in Fontana that have excellent attorneys. For larger firms or extensive legal representation, the industry and residents of Fontana have available the many law firms that are located in nearby Ontario and Rancho Cucamonga.