Hayward Foreclosure Lawyers

Hayward Foreclosure Lawyers, CA

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The Foreclosure Process in California

In Hayward, 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 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 basically 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 Hayward, California

Communication between you and your lender is perhaps the most important way to avoid foreclosure. Ignoring the issue is guaranteed to be counterproductive. Honesty is the best policy when it comes to dealing with lenders.

You should remember that the bank doesn't really want your house. They authorized a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.

If you face sudden expenses, such as medical bills or a lawsuit, which put a serious but relatively short-term strain on your finances, you should notify your lender immediately. You might find that they are willing to accept lower payments, if this will prevent you from defaulting.

As a last resort, some borrowers consider a "short sale." In a short sale, the homeowner sells the house to the highest bidder, and uses the proceeds to pay off the remaining debt. If there is any extra from the sale, it goes to the borrower. If the sale price is worth less than what's left of the mortgage in California, the remaining debt is excused.

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Can a Hayward, California real estate attorney help?

If you are facing foreclosure in Hayward, California, and want to do everything practicable to save your house, the assistance of a knowledgeable real estate lawyer might prove invaluable.

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Life in Hayward

Hayward, California is a city in Alameda County, California, in the Eastern portion of the San Francisco Bay Area (the "East Bay"). It has a population of 145,000 people. 

Human habitation of the area now known as Hayward, California dates back to at least 6,000 years ago, and probably longer, with various Native American tribes living in the area. In the 19th Century, the first people of European descent settled the area, when Mexican settlers relocated to the Bay Area, at a time when California was still part of Mexico.

Modernly, Hayward, California is home to California State University, East Bay, which is a large public university. This school is particularly known for its excellent programs in business, economics, and education. It also happens to be one of the largest employers in Hayward, and a driving force behind the local economy. Some of the university's graduates have gone on to law school, and are now respected Hayward, California attorneys.

Accordingly, if you need legal advice or information in Hayward, California, chances are good that you will be able to find a local Hayward attorney who can help you with whatever legal issue you might be facing.

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