What is Foreclosure in Oceanside, California?
Foreclosure is the legal procedure by which the lender in a mortgage arrangement takes possession of the property (normally a house) that secured the loan. This is done when the Oceanside, California debtor has repeatedly failed to make their payments. Foreclosure often requires the house to be sold at auction. Often, banks want to get rid of the property as soon as they can, in order to gather as much money as possible, and move forward.
In all states in the U.S., including California, foreclosure by judicial sale is allowed. Under this system, the sale is overseen by a court of law, to ensure that the bank makes a good effort to get a reasonable price at the auction, and that any proceeds above the balance of the mortgage go back to the borrower. In many states, original mortgages are considered non-recourse loans, meaning that if the house is foreclosed and sold for less than the borrower owes, the bank cannot go after the debtor for the remainder. You should consult with an lawyer in Oceanside, California to see if this is the case. However, this normally doesn't apply if the mortgage has been refinanced.
How Can I Avoid Foreclosure in California?
Most importantly, you must not dismiss the problem. Doing so will not make it go away, and will probably make it worse. You should stay in close contact with your bank, and be straightforward with them. It is necessary to remember that banks don't really want to own homes in Oceanside. In issuing a mortgage, they expect to make a profit through interest on the loan, and they'd prefer to continue collecting from you. Therefore, they're likely to make reasonable accommodations to your financial situation if it will allow you to keep paying them in the long run.
If you believe that foreclosure is imminent, there are some other avenues. For example, you may be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can receive, give the proceeds to the lender, and walk away free of your mortgage debt, even if the sale netted less than the balance of the mortgage. A "short refinance" may also be an option in some cases. This allows you to have some part of the debt forgiven, while refinancing the rest.
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How Can A Oceanside, California Attorney Help?
If you are facing the possibility of foreclosure, a good Oceanside, California real estate lawyer can help. At the very least, they will be able to inform you of your legal options.
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Life in OceansideOceanside, California is the third-largest city in San Diego County. Its population is just under 180,000 people.
Oceanside is located near Camp Pendleton, which is the busiest, and one of the largest, military installations in the U.S., and a major source of the area's economic activity.
Oceanside, California was originally settled by Europeans in 1769, when Spanish missionaries arrived in the area, though the area had been populated by Native Americans for thousands of years before, and became part of Spain's North American empire. In 1821, when Mexico gained independence from Spain, the area now known as Oceanside, and the rest of California, became part of Mexico. The area fell under U.S. control after Mexico lost the Mexican-American war.
This led to a land rush into the newly-acquired territories by American settlers. By the early 20th Century, Oceanside began to develop into the beach community that we would recognize today.
Oceanside has a climate which, for many people, is nearly perfect, with temperatures rarely exceeding 80 degrees, or dropping below 40 degrees, coupled with small amounts of rain.
Oceanside, California is a very attractive area to live, owing to its proximity to one of the largest cities in the U.S., and its mild climate. It should be no surprise, then, that given its fairly large population, and attractive living conditions, many Oceanside, California lawyers practice in the area. An Oceanside, California attorney can handle just about any legal issue a resident of the area is likely to face.