Greenwood Foreclosure Lawyers

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Foreclosure Law in South Carolina

In Greenwood, South Carolina is a process allowing a lender of a mortgage to take possession or ownership of the property that secured the mortgage in the first place, to cut their losses when a borrower defaults on his or her loan.

Foreclosure most often is a forced sale of a house at auction, since those are the most common types of property bought through a mortgage. Banks will usually try to get rid of the property as quickly as they can, selling it for as much money as they can get in a short period of time.

In every U.S. state, including South Carolina, 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 some states, original mortgages are considered "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 usually does not apply to second mortgages or refinanced loans.

How to Possibly Avoid Foreclosure in Greenwood, South Carolina

Communication between you and your lender is perhaps the most important way to avoid foreclosure. Ignoring the issue is guaranteed to be counterproductive. Honesty is the best policy when it comes to dealing with lenders.

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.

Finally, there is the "short sale." Usually considered a last resort, a short sale results in the borrower losing their home, but discharges almost all of their remaining mortgage debt. If the house is worth far less than the balance of the mortgage, this might be a good option. In South Carolina, when a house is sold in a short sale, the proceeds go to the lender. If it sells for less than the mortgage balance, whatever's leftover is forgiven. If it sells for more, the surplus goes to the homeowner.

Can a Greenwood, South Carolina real estate attorney help?

If you are facing foreclosure in Greenwood, South Carolina, and want to do everything practicable to save your house, the assistance of a good real estate lawyer might prove invaluable.

Talk to a Real Estate Law Attorney now!

Life in Greenwood

Greenwood is a city in Greenwood County, South Carolina. It is the county seat of Greenwood County, and has a population of about 23,000 people. Greenwood, South Carolina is home to the annual Festival of Flowers, which happens in early June. The festival is sponsored by a local company, Park Seed Corporation, which is one of the largest gardening concerns in the world. The festival shows of the abundant flowers of the area, as well as flower arrangements. Furthermore, it features jazz concerts, airplane flights for children, food from around the globe, a dog show, and a classic car show.

In July, Greenwood hosts the Festival of Discovery, which focuses on the folklore, culture, and traditions of the region, and features cookoffs, music, and other events.

Greenwood is home to several large corporations, which are major employers for the area, including Fujifilm, Milliken Textiles, andmajor offices of PepsiCo.

Given the diversity of the business community in Greenwood, South Carolina, it should be apparent that there are plenty of skilled and sophisticated Greenwood, South Carolina attorneys who can handle any legal problem that you might be facing.

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