Hampton Foreclosure Lawyers

Find the right Foreclosure attorney in Hampton, VA

Foreclosure Law in Virginia

In Hampton, Virginia 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.

If an ordinary consumer faces foreclosure, it usually involves a home that was purchased with a mortgage from a bank. The bank will usually try to sell the house at a public option, with the hope of at least covering the remaining debt, to avoid taking a large loss.

Like every other state in the U.S., Virginia allows homeowners facing foreclosure to opt for a foreclosure by judicial sale. This is a process through which a court oversees the sale of the house by the lender. The purpose is to see that the lender takes reasonable steps to notify the public of the auction, and other steps to ensure that the house sells for the highest price possible. This is meant to protect the borrower, making it less likely that they'll have to pay a large deficiency judgment (the remaining amount due on the mortgage if the house sells for less than the remaining balance).

In a large number of states, but not all of them, mortgages are a type of loan known 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 Hampton, Virginia

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 honest with your lender, and stay in touch with them as much as possible.

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.

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, some borrowers consider a "short sale." In a short sale, the homeowner sells the house to the highest bidder, and uses the proceeds to pay off the remaining debt. If there is any extra from the sale, it goes to the borrower. If the sale price is worth less than what's left of the mortgage in Virginia, the remaining debt is discharged.

Can a Hampton, Virginia real estate attorney help?

If you are facing foreclosure in Hampton, Virginia, 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 Hampton

Hampton is located in southeast Virginia, with a population of around 137,500 people. It is considered a major city and a part of the "Hampton Roads" area in Virginia. Neighboring waters include the Chesapeake Bay and the Atlantic Ocean.

Popular attractions include Buckroe Beach, Buckroe Fishing Pier, Downtown Hampton Historic District, Fort Monroe, Gosnold Hope Park, Hampton History Museum, Jacques Cousteau Centre, Langley Air Force Base, New American Theatre, Old Point Comfort, and Sandy Bottom Nature Park.

Famous residents include Jefferson Davis, Jeff Parker, Jerry Roursh, Jim Burrow, Jimmy F. Williams, and Michael Husted.

Hampton is home to many practicing attorneys who manage small law offices and firms, and provide personalized legal services in most, if not all, practice areas. Therefore, residents are well-taken care of when it comes to tending to their legal needs.

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