What is Foreclosure in Surprise, Arizona?

Surprise Foreclosure Lawyers, AZ

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Foreclosure is the legal process by which the lender in a mortgage arrangement takes possession of the property (usually a house) that secured the loan. This is done when the Surprise, Arizona debtor has repeatedly failed to make their payments. Foreclosure usually requires the house to be sold at an auction. Usually, banks want to rid themselves of the property as soon as they can, in order to collect as much money as possible.

In every state, including Arizona, borrowers have the option to go through foreclosure by judicial sale. This means that the auction will be overseen by a court, to make sure that the bank makes an effort to get as high a price as possible (to increase the chances that the entire balance will be covered, as well as the odds that there will be some money leftover for the borrower). In some states, original mortgages are "non-recourse loans," meaning that the lender can only recover ownership of the house in the event of default. If the house is now worth less than the balance of the mortgage, the lender has to take the loss. You should speak with a Surprise, Arizona lawyer to see if this state is one of them. However, it is almost always the case that this protection does not apply to loans which have been refinanced.

How Can I Avoid Foreclosure in Arizona?

First and foremost, you should not ignore the possibility of foreclosure. Failing to respond to collection calls from your lender will not make the problem go away. As unpleasant as this might seem, you should stay in contact with your creditor, and be honest with them. It is necessary to remember that the bank does not really want your Surprise house - they expected to make a profit through the interest on your loan, and that's what they'd prefer to do. Accordingly, they will probably make reasonable accommodations to your financial situation if it means that you will be able to make some form of payment to them.

If you can't work anything out with your lender, or have become completely unable to make any mortgage payments, a "short sale" might be a good option. This allows you to sell your house for whatever price it can get, and hand the proceeds over to the lender. If the sale price is less than the balance of the loan, the rest of the debt might be forgiven. You could also consider a "short refinance" which allows a chunk of the debt to be forgiven, and lets you refinance the rest.

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How Can A Surprise, Arizona Attorney Help?

If you think foreclosure is imminent, a good Surprise, Arizona attorney might be your best hope for staving it off. Even if keeping the house proves impossible, a good lawyer can minimize the financial effects.

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Life in Surprise

Surprise is located in Maricopa County, Arizona.  Its population is one of the fastest-growing in the state- it went from 30,000 in the year 2000 up to 90,000 by the year 2007.  The city was founded in 1938 and was named after Surprise, Nebraska. 

Surprise is a popular destination for those seeking residential opportunities, in particular retirement homes.  In fact, much of the city's population growth can be attributed to Sun City Grand, which is a resort-like, age-restricted residential community.  The community is a large contributor to Surprise's population and economy.

Warm weather and modern sports facilities make Surprise an ideal location for those who love sports.  For example, the city maintains an outstanding Recreation Campus.  The Campus houses the Surprise Tennis and Racket Complex (STRC), which has received several awards.  STRC is often the site for important professional matches. 

If you have a legal claim, lawyers in Surprise, Arizona will usually file the claim at the Surprise Municipal Court.  The municipal court hears civil matters as well as criminal misdemeanor cases.  Surprise lawyers can provide you with advice or representation on a variety of legal issues. 

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