What is Foreclosure in Stockton, California?

Find the right Foreclosure Bankruptcy attorney in Stockton, CA

Foreclosure is the legal procedure 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 Stockton, 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 collect 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 various states, mortgages which have not been refinanced are "non-recourse loans." This means that, in the event of default, the bank can take ownership of the house and sell it; but if the sale price happens to be less than the balance of the mortgage, the lender cannot go after the debtor for the remainder. Because of this, some people have found that their best option is to simply walk away from the home if the mortgage is more than the house is worth. You should talk with a Stockton, California lawyer to see if this state is one of them.

How Can I Avoid Foreclosure in California?

First, and most importantly, you should not dismiss the issue. Failing to respond to foreclosure calls from your lender will not make an issue go away. You should stay in touch, and be honest with, your creditor as much as possible. You should keep in mind that banks usually don't want to take your Stockton 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 believe that foreclosure is imminent, there are some other avenues. For example, you may be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can receive, 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. 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 Stockton, California Attorney Help?

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

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Life in Stockton

Stockton is a major inland port city and the seat of San Joaquin County, California. It's position amid Central Valley farmland, Interstate 5 and California State Route 99 make it an ideal hub for transit. Stockton is much more than agriculture and shipping though. A number of telecommunication and manufacturing companies are located in Stockton. The city is also an ideal place for renewable energy companies whom the city has encouraged though economic incentive programs. Much of their focus focuses on developing alternative fuels for agricultural development.

The waterways, plains, and diverse landscape of Stockton makes it an ideal location for movie makers throughout the ages. "Cool Hand Luke," "Dead Man on Campus," "Flubber," "Fat City," as well as "Indiana Jones and the Last Crusade" and "Raiders of the Lost Ark" are just a few classics filmed in Stockton. Stockton is a standout city nationally as well. It's received an "All-America City" and National Civic League award twice. The City of Stockton has emphasized safety through community programs and police presence in the past years. The city has also put emphasis on community partnerships like the Downtown Alliance that works to both decrease unemployment rates as well as keep the district busy and vibrant. Sunset Magazine even bestowed "Best Tree City" and "Best of the West Food Fest" awards upon Stockton. The University of the Pacific is located in Stockton with the second largest private university in the state, National University.

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