What is Foreclosure in Westminster, California?

Find the right Foreclosure Bankruptcy attorney in Westminster, CA

Foreclosure is the legal procedure 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 Westminster, 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 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 Westminster, California lawyer to see if this state is one of them.

How Can I Avoid Foreclosure in California?

First, you should never dismiss the matter. As unpleasant as it seems, it is necessary to stay on top of the issue. Ignoring the problem will never make it go away. You should keep in mind that banks normally don't want to take your Westminster 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 Westminster, California Attorney Help?

If you are worried about foreclosure, a good Westminster, California real estate attorney may be able to help. An attorney can increase your chances of keeping your home, and help minimize the financial impact if keeping it proves impossible.

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Life in Westminster

Westminster is located in Orange County in the state of California. It has a population of nearly 90,000 and was named after the Westminster Assembly of 1643. Originally, the city was named "Tri-City" because it was formed of three cities, Westminster, Midway City, and Barber City. Currently, Westminster California is an important hub for residence, employment, shopping, and arts/recreation.

The city of Westminster presents many opportunities for employment and business. Top employers in Westminster include Westminster School District, Southern California Edison, and Ito Farms. Many businesses are concentrated in Westminster's Bolsa area. The Westminster Mall is also a major source of revenue and retail for the city, as it contains over 180 different stores. For convenience, Westminster City Hall operates a separate branch called City Hall at the Mall.

Another site of interest in Westminster, California is the Westminster Rose Center. The Rose Center is a large, artistically designed building consisting of a banquet hall, a theater, and is often used for civic and cultural events. Westminster is also known for its beautiful outdoor parks, especially Liberty Park, which contains a well-frequented skate park.

Westminster lawyers provide many kinds of legal services for those needing advice or representation in court. Lawyers in Westminster, California often handle legal claims through the West Justice Center branch of the Superior Court of California, Orange County. The Justice Center is located in Westminster on 13th Street.

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