What is Foreclosure in Santa Cruz, California?

Find the right Foreclosure Bankruptcy attorney in Santa Cruz, CA

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 Santa Cruz, 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 some states, original mortgages are treated as "non-recourse" loans, meaning that, at most, the lender can take possession of the house in the event of foreclosure, even if it is worth less than the amount due. The bank cannot go after the borrower for the remaining balance once it sells the house. You should consult an attorney in Santa Cruz, 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 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 forthright with them. You should keep in mind that banks typically don't want to take your Santa Cruz home. They aren't in the real estate business, and expect to make money through interest on the loan, not by selling your house. If you are up-front with them early on, they will probably make a reasonable effort to accommodate your financial system if it will prevent you from defaulting.

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 may 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 Cruz, California Attorney Help?

If you are facing foreclosure, a good Santa Cruz, California real estate lawyer can help. While keeping your home might not always be possible, an attorney 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 Cruz

Santa Cruz, California is the largest city in, and county seat of, Santa Cruz County. It has a population of about 60,000 people.

Santa Cruz was the location of a Spanish settlement that was established in 1791. Beginning in the mid-20th century, and continuing to this day, Santa Cruz has long been a center of liberal and progressive social activism. In 1992, Santa Cruz, California became one of the first cities in the United States to legalize medical marijuana. The presence of the University of California, Santa Cruz adds to this culture of activism. It is also the largest employer in Santa Cruz, with about 7,000 workers.

UC Santa Cruz does not have a law school, but many of its graduates go on to attend other California law schools, and become successful Santa Cruz, California lawyers.

If you are a resident of Santa Cruz, and are in need of legal help, you can almost certainly find a Santa Cruz, California attorney who can assist you.

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