Orange Foreclosure Lawyers

Find the right Foreclosure attorney in Orange, CA

Foreclosure Law in California

In Orange, 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.

When consumers have to deal with foreclosure, it almost always involves a home. The bank will normally take possession of the house, and then sell it at auction, to try to cover the balance of the mortgage. Banks typically want sell the property quickly, for as much money as possible.

In California, and every other state, foreclosed homeowners can go through a "foreclosure by judicial sale." In this type of foreclosure sale, a court supervises the sale, ensuring that the bank makes every reasonable effort to get the highest price possible for the house. The purpose of this is to maximize the chances that the bank gets, at the very least, the remaining balance of the mortgage. Although this may seem counter-intuitive, it is intended to protect the borrower: it helps prevent them from still owing money after the house is sold at auction.

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 Orange, California

First and foremost, you need to communicate with your lender, and not ignore 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 should be mindful of the fact that your bank wants you to make your monthly mortgage payments - they probably aren't scheming to trick you into giving up your home. This isn't out of altruism, it's due to the fact that foreclosure is almost never as lucrative for the bank in the long run than a mortgage that is paid in full over a period of years or decades, with interest accruing the whole time. For a bank, a foreclosure is simply a last resort to cut their losses.

Because banks don't particularly enjoy foreclosing, they will probably be willing to work out an alternative payment plan with you, if necessary. However, if you think that this might be needed in the near future, you should contact your lender immediately. The sooner they know about it, the more options you have.

Finally, there is the "short sale." Typically considered a last resort, a short sale results in the borrower losing their home, but discharges almost all of their remaining mortgage debt. If the house is worth far less than the balance of the mortgage, this might be a good option. In California, when a house is sold in a short sale, the proceeds go to the lender. If it sells for less than the mortgage balance, whatever's leftover is forgiven. If it sells for more, the surplus goes to the homeowner.

Can a Orange, California real estate attorney help?

If you live in Orange, California and believe that your house is in danger of being foreclosed, you may have more options and protections than you think. You may not know what all of them are, but an efficient real estate lawyer probably will.

Talk to a Real Estate Law Attorney now!

Life in Orange

The city of Orange, California has a population of about 137,000 and is located about 3 miles from Santa Ana, the seat of Orange County. It has recently become a popular choice of residence for commuters who are employed in Los Angeles. Orange, California is well-known for its cozy, "old-town" feel that it maintains.

Part of Orange's charm is due to the large number of old and historic homes that have been preserved by the city. Many homes in Orange's "Old Town District" were built before 1920. Orange Historic District also contains original structures built around the time of the city's incorporation in the late 1800's. Orange, California has the second largest concentration of historic buildings in the nation.

In addition to its old-town feel, Orange has welcomed a number of modern institutions and retail centers. Of notable interest is "The Block at Orange", which is an outdoor entertainment and shopping locale. It features several upscale restaurants and is a popular shopping destination.

Lawyers in Orange, California provide assistance in a wide range of general legal fields. Many Orange, California lawyers have unique skills in specialized areas of law. Most attorneys in Orange file their claims at the Superior Court of California, County of Orange.

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