What is Foreclosure in Delray Beach, Florida?

Find the right Foreclosure Bankruptcy attorney in Delray Beach, FL

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 Delray Beach, Florida debtor has repeatedly failed to make their payments. Foreclosure typically results in the property being sold in an auction. Banks typically want to get rid of the property as soon as possible, even if it means taking a financial hit, and an auction is the easiest way to do this.

In all states in the U.S., including Florida, there is an option to go through foreclosure via judicial sale, in which a court oversees the sale, and makes sure that the proceeds first go to the lender, and then to any other entities that might have a lien or other interest in the property (in order of priority), and, finally, to the borrower, if anything is left. In many 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 borrower 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 Delray Beach, Florida attorney to see if this state is one of them.

How Can I Avoid Foreclosure in Florida?

First, and most importantly, you should not ignore the issue. Failing to respond to foreclosure calls from your lender will not make a problem go away. You should stay in touch, and be forthright with, your creditor as much as possible. It is necessary to remember that banks don't really want to own homes in Delray Beach. 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 no deal can be worked out, or the mortgage payments have become prohibitive, you might consider a "short sale". While the lender has to consent to it, many will take a moderate loss if it means avoiding foreclosure (which lenders usually treat as a last resort). This allows you to sell the house for whatever price it can fetch on the current market, and hand the proceeds over to the bank. If the sale nets less than the balance, some or all of the deficiency might be forgiven. There is also the option of a "short refinance," which forgives a substantial portion of your mortgage debt, and refinances the rest.

How Can A Delray Beach, Florida Attorney Help?

If you are facing foreclosure, a good Delray Beach, Florida 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 Delray Beach

Delray Beach, Florida has a lot more to it than beautiful beaches and ocean side charm. Historically, this is an area known to be a favorite of Native American hunters, trappers, and slaves. Years later, in 2007, this area was labeled as the United State's "drug recovery capital" because it became the country's largest recovery communities As a result, the mayor passed an ordinance making it illegal to operate sober houses.

Who would ever have though such an interesting history was behind Delray Beach. Currently, Delray's economy is largely based on tourism. The city is filled with beautiful beaches, and popular events such as The Delray Affair, The Delray Garlic Fest, Delray Walk, and Art Jazz on the Avenue. Many of these events are filled with music, good food and drinks, and a wonderful, entertaining ambiance. Other popular attractions include the Roji-en Japanese Gardens, the American Orchid Society Visitor Center and Botanical Garden, Spady Museum, Downtown Delray Arts District, and Cason Cottage.

Delray Beach is also filled with many law offices. These offices are run by attorneys dedicated to providing excellent legal services, while serving their community with personalized service.

All in all, Delray Beach is a beautiful area to live in; an area with an interesting past and a promising future.

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