Palm Bay Foreclosure Lawyers

Find the right Foreclosure attorney in Palm Bay, FL

Foreclosure Law in Florida

In Palm Bay, Florida, 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 individuals are facing foreclosure, it typically involves a house. The bank will take the house with the intent of selling it at an auction, hoping to cover whatever's left on the mortgage, giving them at least a chance to break even on the loan.

In Florida, 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 many states, mortgages fall into a category of loans identified as "non-recourse loans." This means that, if the house is sold by the lender, the entire debt is eliminated, even if the sale price was less than the remaining balance on the loan. While the loss of one's home can be personally devastating, treating a mortgage as a non-recourse loan at least means that the homeowner will be more or less free to move on with their life once the property is foreclosed and sold.

How to Possibly Avoid Foreclosure in Palm Bay, Florida

To avoid foreclosure, communicating with your lender is key. Let's face it - if you're in a situation where foreclosure looks like a possibility, your life is not going to be easy for some time. While it's difficult to step up and acknowledge unpleasant facts, doing so will make your life much easier in the long run. If your lender is aware of your situation, it's far more likely that you'll be able to work something out with them.

You must keep in mind that banks are in the business of lending money, not flipping property: the bank doesn't really want your house. To that end, they'll sometimes go to great lengths to accommodate your financial situation, whatever it may be. For banks, foreclosure is a last resort.

It's possible that your lender is willing to negotiate a plan that results in temporarily-lower payments on your mortgage, especially if this means that they will be able to get some payments, instead of none at all.

Some buyers in Florida, when none of the above options have worked, resort to a "short sale." This includes selling a house which is about to be foreclosed, typically 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 Palm Bay, Florida real estate attorney help?

In Palm Bay, Florida, dealing with a possible foreclosure is never easy. However, the assistance of a knowledgeable 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 Palm Bay

Palm Bay, Florida is the largest city in Brevard County. Its population is approximately 101,000 as of a 2008 Census estimate.

The earliest European settlers to arrive in the area now known as Palm Bay showed up in 1850, building homes along Turkey Creek. By the late 1800s, there was a lumber mill, a packing house, orange groves, and several other industries in Palm Bay. However, growth was quite slow during that period. This changed in 1894, with the arrival of the railroad in Palm Bay.

Modernly, Palm Bay's economy is largely based around tourism. Because it is right on the Atlantic coast, and enjoys a warm, subtropical climate, it is popular among visitors, as well as people who wish to relocate, particularly retirees.

Palm Bay is also home to the Turkey Creek Sanctuary, a small nature preserve that showcases Florida's natural beauty. It is home to many native wildlife species, turtles, alligators, and dozens of types of birds. It has trails for hiking, bicycling, and jogging. The eponymous creek is an important breeding area for both freshwater and saltwater fish.

If you live in Palm Bay, Florida, and need an attorney, chances are good that you'll be able to find one. There are plenty of Palm Bay, Florida attorneys who can help you with whatever legal issues you may be facing.

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