What is Foreclosure in Santa Barbara, California?

Find the right Foreclosure Bankruptcy attorney in Santa Barbara, CA

Foreclosure is the legal process 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 Santa Barbara, 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 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 some states, original mortgages are treated as "non-recourse" loans, meaning that, at most, the lender can take ownership of the house in the event of foreclosure, even if it is worth less than the amount due. The bank cannot go after the debtor for the remaining balance once it sells the house. You should consult a lawyer in Santa Barbara, California to find out if this is the case here. This typically does not 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 forthright with them. One should remember that banks usually don't want to take your house in Santa Barbara. They issued your mortgage expecting to earn a profit on the interest. Taking possession of, and selling, your house is a last resort for them. Therefore, if you are forthright with them about your financial situation, they are likely to make reasonable accommodations to prevent you from defaulting.

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 might also consider a "short refinance" which allows a portion of the debt to be forgiven, while refinancing the rest, hopefully under better terms.

How Can A Santa Barbara, California Attorney Help?

If you are facing foreclosure, a good Santa Barbara, California real estate attorney can help. While keeping your home might not always be possible, a lawyer can increase your odds of success, and help you minimize the negative impact if you do end up losing your home.

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Life in Santa Barbara

Santa Barbara, California is a city in Santa Barbara County, where it also serves as the county seat. It currently has a population of about 88,000 people.

Santa Barbara, California is known for being host to one of the very few military engagements of World War II to occur on the continental United States. In 1942, a Japanese submarine surfaced off the coast of Santa Barbara, and fired several shots at the Ellwood oil refinery. There were no injuries. Although there was no evidence that collaboration or espionage by any U.S. residents played a role in the attack, the incident was used by the government to justify the internment of Japanese-Americans living on the West Coast, a decisions which is now remembered as one of the low points in America's history.

After World War II, many of the servicemen who served in the war, and disembarked from Santa Barbara, California moved into the city permanently. This caused a population boom. Many of these servicemen went on to college, and became successful professionals in Santa Barbara, California, some of them lawyers.

If you live in Santa Barbara, California and are in need of an attorney, it's very likely that there's a Santa Barbara, California attorney who can provide assistance.

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