Irvine Foreclosure Lawyers
The Foreclosure Process in California
In Irvine, 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 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 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 known 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 Irvine, California
Communication between you and your lender is perhaps the most significant way to prevent foreclosure. Ignoring the issue is guaranteed to be counterproductive. Honesty is the best policy when it comes to dealing with lenders.
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 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 instantly. You might find that they are willing to accept lower payments, if this will keep you from defaulting.
As a last resort, you might consider a "short sale," which results in loss of the home, but it usually leads to a great deal of the debt on the mortgage being forgiven. Essentially, a short sale in California involves selling the house for whatever price it can fetch. The proceeds from the sale go to the lender, and if it sells for less than what's left on the mortgage, the balance of the debt is forgiven.
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Can a Irvine, California real estate attorney help?
If you are worried that your Irvine, California house is going to be foreclosed, and want to try and stop this, a reputable real estate lawyer can help.
Foreclosure Attorneys in the Largest CA Cities
Life in IrvineIrvine is a city that has been meticulously planned. That could be why CNN voted it 4th best place to live in the entire United States but there are a number of other reasons like the FBI stating Irvine has the least violent crime in any city with a population over 100,000. Over twice that number live within Irvine city limits and enjoy access to all Irvine has to offer.
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There's plenty of opportunity for recreation among Irvine residents and visitors. The City of Irvine offers countless community and neighborhood parks. The Northwood Community Park offers one of the most distinctive sights. The Northwood Gratitude and Honor Memorial is exceptional because it's the first United States memorial to be built before the war was over. Honoring the fallen U.S. military personnel from the conflicts in Iraq and Afghanistan, it's also the only memorial that will be updated yearly to display the 5,700+ names. Irvine also hosts the Irvine Global Village Festival celebrating diversity. The festival offers a wide range of exhibitions, entertainment, and food from cultures around the globe.