Westminster Foreclosure Lawyers

Find the right Foreclosure attorney in Westminster, CA

Foreclosure Law in California

In Westminster, 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 usually take possession of the house, and then sell it at auction, to try to encompass the balance of the mortgage. Banks normally want sell the property quickly, for as much money as possible.

In all states in the U.S., including California, borrowers have the option of foreclosure by judicial sale. This permits a court to oversee the sale of the property by the bank. The purpose of this is to get the house to sell for the highest price possible. While this might seem like something that would only benefit the bank, it is also a great benefit to the borrower, since it increases the likelihood that the sale will encompass the full balance of the mortgage, preventing them from having to pay it.

In some states, original mortgages are regarded "non-recourse" loans. This means that once the house or other property that secured the mortgage is sold, and if it sells for less than the balance of the mortgage, the lender has to absorb the loss, and cannot sue the borrower for the remainder. This normally does not apply to second mortgages or refinanced loans.

How to Possibly Avoid Foreclosure in Westminster, 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 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 contains selling a house which is about to be foreclosed, normally 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.

Can a Westminster, California real estate attorney help?

In Westminster, California, dealing with a possible foreclosure is never easy. However, the assistance of a seasoned real estate lawyer can make the whole process much more bearable, and possibly delay or even prevent the foreclosure altogether.

Talk to a Real Estate Law Attorney now!

Life in Westminster

Westminster is located in Orange County in the state of California. It has a population of nearly 90,000 and was named after the Westminster Assembly of 1643. Originally, the city was named "Tri-City" because it was formed of three cities, Westminster, Midway City, and Barber City. Currently, Westminster California is an important hub for residence, employment, shopping, and arts/recreation.

The city of Westminster presents many opportunities for employment and business. Top employers in Westminster include Westminster School District, Southern California Edison, and Ito Farms. Many businesses are concentrated in Westminster's Bolsa area. The Westminster Mall is also a major source of revenue and retail for the city, as it contains over 180 different stores. For convenience, Westminster City Hall operates a separate branch called City Hall at the Mall.

Another site of interest in Westminster, California is the Westminster Rose Center. The Rose Center is a large, artistically designed building consisting of a banquet hall, a theater, and is often used for civic and cultural events. Westminster is also known for its beautiful outdoor parks, especially Liberty Park, which contains a well-frequented skate park.

Westminster lawyers provide many kinds of legal services for those needing advice or representation in court. Lawyers in Westminster, California often handle legal claims through the West Justice Center branch of the Superior Court of California, Orange County. The Justice Center is located in Westminster on 13th Street.

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