What is Foreclosure in Gainesville, Florida?

Find the right Foreclosure Bankruptcy attorney in Gainesville, FL

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 Gainesville, Florida debtor has repeatedly failed to make their payments. Foreclosure normally results in the property being sold in an auction. Banks normally want to get rid of the property as soon as possible, even if it means taking a financial hit, and an auction is the simplest 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 supervises the sale, and makes sure that the proceeds first go to the lender, and then to any other entities that may have a lien or other interest in the property (in order of priority), and, finally, to the borrower, if anything is left. 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 Gainesville, Florida lawyer to see if this state is one of them.

How Can I Avoid Foreclosure in Florida?

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. It is essential to remember that banks don't really want to own homes in Gainesville. 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 allow you to keep paying them in the long run.

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 try a "short refinance" which allows a piece of the debt to be forgiven, and the rest refinanced. This allows the bank to wash its hands of the matter, while taking a comparatively small loss, and allows the homeowner to keep their home.

How Can A Gainesville, Florida Attorney Help?

If you are facing the possibility of foreclosure, a good Gainesville, Florida real estate lawyer can help. At the very least, they will be able to inform you of your legal options.

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Life in Gainesville

Gainesville, Florida is the largest city in, and the county seat of, Alachua County, Florida. Its population is approximately 125,000 people.

Human habitation of the area that now includes Gainesville, Florida dates back at least 12,000 years. One of the ancient structures left behind by these people is colloquially known as the "Law School Mound." It is a burial mound that sits on the University of Florida Law School's campus, and it is estimated to be over 1,000 years old.

Many Gainesville, Florida attorneys studied law at this university. These lawyers are drawn to Gainesville because of its low cost of living, and business-friendly culture. Gainesville is also known for its promotion of solar energy, which allows private property owners with solar panels on their land to supply excess electricity back into the local power grid, helping people recoup the cost of investing in solar panels, making this environmentally-friendly practice more attractive.

If you live in Gainesville, Florida and are in need of legal advice, chances are good that a local Gainesville, Florida attorney can help.

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