Rock Hill Foreclosure Lawyers

Find the right Foreclosure attorney in Rock Hill, SC

Foreclosure Law in South Carolina

In Rock Hill, South Carolina is a process permitting 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 commonly is a forced sale of a house at auction, since those are the most common types of property bought through a mortgage. Banks will normally 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 normally does not apply to second mortgages or refinanced loans.

How to Possibly Avoid Foreclosure in Rock Hill, South Carolina

It's extremely 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 situation, they have to know about it.

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." Normally 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 Rock Hill, South Carolina real estate attorney help?

If you live in Rock Hill, South Carolina and believe that your house is in danger of being foreclosed, you may have more options and protections than you think. You may not know what all of them are, but an accomplished real estate lawyer probably will.

Talk to a Real Estate Law Attorney now!

Life in Rock Hill

Rock Hill is the fourth largest city in South Carolina but is the largest in York County. Rock Hill is popular among locals and tourists. It's position in the far North of the state earned it the nickname "the gateway to South Carolina" but the motto remains "Shop here. Stay here. Dine here." Rock Hill is so attractive that almost 100,000 residents call the city home. It's just 25 miles south of Charlotte.

Rock Hill is very popular among Charlotte professionals because it provides a more suburban setting that is great for families. The Rock Hill School District is one of the best in the State of South Carolina. In fact, the city of rock Hill is a three time winner of the America's Promise Alliance 100 Best Communities for Young People and a two time winner of the All-American City Award.

Twenty-seven public schools serve Rock Hill and there are also private institutions located within Rock Hill like St. Anne's Catholic. Winthrop University, a four year university, Clinton junior College, a two-year institution founded by the African Methodist Episcopal Zion Church, are both inside Rock Hill City limits and together enroll 15,000 each year.

Many of the residents and locals of Rock Hill frequent the Rock Hill Galleria Mall and seasonal events like the Cone-See-Me that was voted number one South Carolina Festival.

Rock Hill is home to notables like Pulitzer Prize winning journalist Jim Hoagland, children's author Matt Christopher, country music singer David Ball, and Tony Award winning costume designer William Ivey Long. Rock Hill also plays host to lawyers who are familiar with practicing in local courts. Rock Hill lawyers can help you with a wide variety of legal circumstances including divorce, real estate, immigration, personal injury and wrongful termination cases.

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