Santa Ana Foreclosure Lawyers
The Foreclosure Process in California
In Santa Ana, 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.
When consumers have to deal with foreclosure, it almost always involves a home. The bank will typically take possession of the house, and then sell it at auction, to try to encompass the balance of the mortgage. Banks usually 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 form 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 safeguard the borrower: it helps prevent them from still owing money after the house is sold at auction.
Some states treat mortgages as "non-recourse loans." A non-recourse loan is one that is secured by the borrower's property, but for which the borrower is not personally liable. Essentially, this means that a lender in a foreclosure can take the house that was mortgaged, but nothing else. If the house sells for less than the lender is owed, it cannot go after the borrower.
How to Possibly Avoid Foreclosure in Santa Ana, 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 honest with your lender, and stay in touch with them as much as possible.
Bear in mind that banks aren't in the business of real estate speculation - they're in the business of lending money, and making profits through interest on their loans. In short, the bank doesn't really want your house - they'd much rather have you continue making your mortgage payments. For banks, foreclosing on a home is a last resort. Essentially, nobody likes foreclosures, and everyone wants to prevent them.
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.
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 Santa Ana, California real estate attorney help?
In Santa Ana, California, dealing with a possible foreclosure is never easy. However, the assistance of a reputable real estate lawyer can make the whole process much more bearable, and possibly delay or even prevent the foreclosure altogether.
Foreclosure Attorneys in the Largest CA Cities
Life in Santa Ana
Santa Ana is the county seat of the infamous Orange County, California. Santa Ana is the 4th most densely populated area in the United States with over 325,000 residents. Santa Ana is known nationally for it's beautiful coastline and it lends its name to the Santa Ana Freeway that bisects the city as well as the winds that historically fuel wildfires in Southern California, the Santa Ana Winds. One of the reasons people flock to Santa Ana is for work with Orange County at the Santa Ana Civic Center. Santa Ana has a high number of skilled lawyers because it's the location of the Orange County Supreme Court and the Ronald Reagan Federal Building and Courthouse.
Santa Ana's close proximity to Los Angeles attracts many corporate headquarters. Behr Paint, Corinthian Colleges, First American Corporation, and The Orange County Register all have their corporate headquarters in Santa Ana. Ingram Micro is the world's largest information technology distributor and outdoes all of the others as the top employer in Santa Ana besides Orange County. For those folks commuting out of the city by way of public transit, Amtrak's Pacific Surfliner runs through Los Angeles to San Diego. Santa Ana also has service from the Metrolink Orange County Line to Oceanside and the Inland Empire Line running to San Juan Capistrano and San Bernardino.