Tampa Foreclosure Lawyers

Find the right Foreclosure attorney in Tampa, FL

Foreclosure Law in Florida

In Tampa, 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 individual 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 usually involves a house. The bank will acquire 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 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 Tampa, Florida

It's very important that you engage in continued communication with your bank. Lenders are surprisingly willing to make accommodations if it means they still get paid something, but in order to accommodate your case, they have to know about it.

You should remember that the bank doesn't really want your house. They completed a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.

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 Florida, when none of the above options have worked, resort to a "short sale." This involves selling a house which is about to be foreclosed, usually 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 Tampa, Florida real estate attorney help?

In Tampa, Florida, 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.

Talk to a Real Estate Law Attorney now!

Life in Tampa

Tampa is the seat of Hillsboro County, Florida. Tampa is home to nearly 350,000 residents including a number of professional athletes who play on local Tampa based teams. The Tampa Bay Buccaneers who won Super Bowl XXXVII champions in 2002 play at Raymond James Stadium. Tampa is also home to the Tampa Bay Lightning professional NHL hockey team. The only team claiming the "Tampa Bay" location that does not play within city limits is the Tampa Bay Rays MLB team who play in nearby St. Petersburg.

Downtown Tampa has been undergoing a revitalization project that started in 2007. Residential, hotel, and mixed use building have been constructed in an effort to revamp the downtown region and increase housing values. Rents have reduced and average of 4% in the United States but Tampa has only seen a 2% decrease. The discrepancy could be a result of the new downtown projects, however, Tampa offers outstanding transportation routes including railroad, high speed rail, sea ports, 3 nearby airports, and well maintained streets and highways.

The MacDill Air Force Base is home to the United States Special Operations Command (SOCOM) as well as an impressive fleet of cutting edge aircraft. Tampa residents and visitors frequent the annual air show that resumed after a 2002 and 2003 hiatus resulting from the 9/11 attacks.

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