What is Foreclosure in Oakland, California?
Foreclosure is the legal process 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 Oakland, 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 on.
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 reasonable effort to get a decent 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 debtor owes, the bank cannot go after the debtor for the remainder. You should consult with an attorney in Oakland, 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 ignore 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 critical to remember that banks don't really want to own homes in Oakland. 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 enable you to keep paying them in the long run.
If you believe that foreclosure is imminent, there are some other options. For example, you might be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can get, 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. There is also the option of a "short refinance," which forgives a considerable portion of your mortgage debt, and refinances the rest.
Find a Oakland Lawyer that Specializes in Your Area of Need:
How Can A Oakland, California Attorney Help?
If you are worried about foreclosure, a good Oakland, California real estate lawyer might be able to help. A lawyer can increase your chances of keeping your home, and help minimize the financial impact if keeping it proves impossible.
323 Bankruptcy, Banking and Credit cases posted to LegalMatch lawyers in Oakland
Foreclosure Attorneys in the Largest CA Cities
Life in OaklandOakland is a San Francisco Bay Area city and major West Coast port. During the 1940s the Port of Oakland provided a bustling war industry that attracted many residents from the Deep South who were looking for work. Oakland home to seven major companies who are also major local employers: Kaiser Permanente, Clorox, Dreyer's, Cost Plus, Ask.com, and Pandora Radio to name a few. Oakland is also home to the Oakland International Airport, a major United States Postal Service center, FedEx, the Internal Revenue Service (IRS), and Southwest Airline who each employ over 4,000 employees. Some San Francisco and Silicon Valley professionals opt to live in Oakland because the cost of living is much lower and BART (Bay Area Rapid Transit) options make it cheap to commute. Drivers use the Bay Bridge for nearest access to the peninsula.
Oakland is one of the most Diverse Alameda County cities with annual parades and celebrations. Some of that diversity can be attributed to the major universities and colleges in Oakland. California College of the Arts, Mills college, Holy Names University, Patten University, and University of California Berkeley all have installations in Oakland. Historic attractions like Jack London Square, Oakland Zoo, Peralta Hacienda Historical Park, the USS Potomac (President Roosevelt's Yacht), and the famous Fox Theater draw visitors from near and far.