What is Foreclosure in Sarasota, Florida?

Find the right Foreclosure Bankruptcy attorney in Sarasota, 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 Sarasota, 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 United States, including Florida, foreclosure by judicial sale is an option. This allows the sale to be conducted under the supervision of a court, to ensure that the bank makes a good faith effort to get a fair price, and that the proceeds above and beyond the balance of the mortgage (if there are any) go back to the debtor. In some states, original mortgages are treated as "non-recourse" loans, meaning that, at most, the lender can take ownership of the house in the event of foreclosure, even if it is worth less than the amount due. The bank cannot go after the debtor for the remaining balance once it sells the house. You should consult a lawyer in Sarasota, Florida 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 Florida?

Most importantly, you must not ignore 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 Sarasota 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 keep you from defaulting.

If you believe that foreclosure is imminent, there are some other options. For example, you might be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can get, 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 might 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 Sarasota, Florida Attorney Help?

If you are worried about foreclosure, a good Sarasota, Florida real estate lawyer might be able to help. A lawyer 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 Sarasota

Sarasota, Florida is the county seat of Sarasota County, located on the central Gulf Coast. It has a population of about 53,000 people.

Humans first settled Florida, including the Sarasota area, about 15,000 years ago - not very long after their initial arrival on North America. At that time, sea levels were much lower, and Sarasota would have been about 100 miles inland from the Gulf of Mexico, rather than right on the coast. Europeans first settled the area in the 1600s.

Modernly, Sarasota has been hit hard by the crash of the U.S. housing market. However, it is still regularly visited by tourists, and tourism remains a major sector of its economy. Sarasota is also home to many sites of historic interest, from prehistoric archeological sites, to Civil War forts.

The architectural style prevalent in Sarasota was once so popular that it is now an established architectural style, known as the "Sarasota School" or "Sarasota Modern."

If you live in Sarasota, Florida, and are looking for an attorney, you're in luck. There are many lawyers in Sarasota, Florida who practice many different areas of law. If you need legal advice, a Sarasota, Florida lawyer is the person you should call.

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