What is Foreclosure in Modesto, California?
Foreclosure is the legal procedure by which the lender in a mortgage arrangement takes possession of the property (typically a house) that secured the loan. This is done when the Modesto, 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 make 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 Modesto, California to see if this is the case. However, this typically doesn't apply if the mortgage has been refinanced.
How Can I Avoid Foreclosure in California?
First and foremost, you should not dismiss the possibility of foreclosure. Failing to respond to collection calls from your lender will not make the problem go away. As unpleasant as this may seem, you should stay in contact with your creditor, and be forthright with them. You should remember that banks in Modesto don't want your house. While the foreclosure process can be devastating for the homeowner, it's no walk in the park for the bank, either. They expected to make a profit through interest on the loan paid over time, and foreclosure is a last resort, allowing them to cut their losses and move on. If you are forthright with them, lenders will typically try to accommodate your changed financial situation, to avoid a default on your part, and the necessity of foreclosing on their part.
If you can't work things out with your lender, there are other avenues. You can try a "short sale," which is when you sell your house for whatever amount you can get for it, and use the proceeds to pay your mortgage. If the house sells for less than you owe, the bank still receives those proceeds, but the remainder of the loan will be forgiven. You might also consider a "short refinance" which allows a part of the debt to be forgiven, and lets you refinance the rest.
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How Can A Modesto, California Attorney Help?
If you are facing the possibility of foreclosure, a good Modesto, 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 ModestoModesto is a city in Stanislaus County, California. As of 2009, it has a population 211,000, making it the 17th most populous city in California.
Modesto was founded in 1870, as a stop along the new railroad that connected Los Angeles and Sacramento. Modesto's economy is based almost entirely around agriculture, and the other industries that support the agricultural industry. During World War II, Modesto, California was a major source of food for the war effort.
Unfortunately, Modesto is burdened with a high crime rate, and a struggling economy with chronic unemployment well above the national average. However, Forbes Magazine has ranked it fairly highly in its "best bang for your buck" ratings, suggesting that Modesto's real estate market is an excellent destination for bargain-hunters. During the 2000s, the downtown area of Modesto was revitalized and modernized, with significant additions made to the Gallo Center for The Arts, as well as many other improvements.
If you live in Modesto, California and need an attorney, you're in luck. Modesto, California lawyers can handle just about any type of legal problem they're presented with.