Peabody Foreclosure Lawyers

Find the right Foreclosure attorney in Peabody, MA

Foreclosure Law in Massachusetts

In Peabody, Massachusetts, foreclosure is a process through which a lender that issued a mortgage loan retakes possession of the property that was purchased with the mortgage in the event that the borrower has defaulted on his or her payments.

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 cover the balance of the mortgage. Banks normally want sell the property quickly, for as much money as possible.

In every U.S. state, including Massachusetts, a borrower has a right to a judicial sale of their foreclosed property. A judicial sale is simply an auction overseen by a court. The purpose of this is to make sure that the lender takes reasonable steps to sell the home for the highest possible price, and to ensure that the homeowner has an opportunity to bid on the house, if he or she is able. It is in everybody's interest for the bank to get the highest price possible for the house, even the borrower's. If the house fetches a higher price than what's left on the mortgage, the buyer can keep what's leftover. On the other hand, if it fetches less, the buyer might have to pay the deficiency.

In a large number of states, but not all of them, mortgages are a type of loan recognized 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 Peabody, Massachusetts

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 straightforward 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.

As a last resort, you might consider a "short sale," which results in loss of the home, but it normally leads to a great deal of the debt on the mortgage being forgiven. Basically, a short sale in Massachusetts 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.

Can a Peabody, Massachusetts real estate attorney help?

If you feel that your home is close to being foreclosed in Peabody, Massachusetts, and want to try to prevent this, the advice and assistance of an accomplished real estate lawyer can mean the difference between keeping or losing your home.

Talk to a Real Estate Law Attorney now!

Life in Peabody

Peabody is an Essex County city that is home to 55,000 residents of Boston's highly desirable North Shore suburban area. Peabody began as a farming community but has since shifted focus to more tourist friendly avenues like the massive Northshore Mall and Shopping Center, on of the areas largest, the historic Brooksby Farm, and the infamous host of the U.S. Senior and U.S. Women's Golf Opens, Salem Country Club. In 2009, Forbes Magazine dubbed Peabody the 14th most livable city in the United States. There are also a number of manufacturing, medical, and technology companies located in Centennial Industrial Park which is located a stone's throw from the Corwin Manufacturing Company. With such a thriving city there are bound to be some problems but you will be relieved to know there are a number of Peabody lawyers who can help sort those out. Peabody lawyers are familiar with local courts and their procedures; they can also lay out your legal options and help you weigh one against another. Peabody is known locally for its strong school system and sports programs. Ice hockey, soccer, and track are their strongest but the baseball program has been making outstanding progress too. Olympic swimmer Samantha Arsenault, professional wrestler Matt Bloom, pitcher John Tudor, and hockey player Bobby Hanson are just a few of the local notables.

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