Fountain Valley Foreclosure Lawyers
The Foreclosure Process in California
In Fountain Valley, 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 a large number of states, but not all of them, mortgages are a type of loan identified as a "non-recourse loan." While the regulations governing these loans are complex, it most essentially means that, once the house is sold, and the sale price doesn't cover what the borrower owes, the lender can't go after the borrower for the remainder. They simply have to take the loss.
How to Possibly Avoid Foreclosure in Fountain Valley, California
First and foremost, you need to communicate with your lender, and not dismiss 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.
You must keep in mind that banks are in the business of lending funds, not flipping property: the bank doesn't really want your house. To that end, they'll occasionally 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 keep 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 Fountain Valley, California real estate attorney help?
If you feel that your home is close to being foreclosed in Fountain Valley, California, and want to try to prevent this, the advice and assistance of an efficient real estate lawyer can mean the difference between keeping or losing your home.
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Foreclosure Attorneys in the Largest CA Cities
Life in Fountain ValleyFountain Valley, California has a population of about 55,000 and is located in Orange County. It was named after the many artesian wells found in the area during the time of the city's founding. Fountain Valley is mostly a residential bedroom community.
As a suburb, much of Fountain Valley, California is comprised of residential neighborhoods. However, the city has experienced a significant increase in commercial employment, particularly in the area known as the "Southpark" district. Southpark district is home to offices for several major corporations, including Starbucks and D-Link. The national headquarters for Hyundai Motor America is also located in Fountain Valley.
One of the main attractions in the city of Fountain Valley, California is Mile Square Regional Park. The park contains three different 18-hole golf courses, two spectacular lakes, sports fields, picnic areas, and a nature area filled with native Californian plants. Mile Square Regional Park also has a recreation center complete with tennis, racquetball, and basketball courts. Fountain Valley is also just minutes away from many Southern California amusement parks.
Lawyers in Fountain Valley, California help the community by assisting in a wide range of different legal fields. Fountain Valley lawyers can help answer legal questions, provide explanations of various laws, and represent clients in court.