What is Foreclosure in Topeka, Kansas?

Find the right Foreclosure Bankruptcy attorney in Topeka, KS

Foreclosure is the process through which the lender in a mortgage takes ownership and/or possession of the property that secured the original loan. This happens when a debtor in Topeka, Kansas 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 make as much money as possible, and move on.

In every state, including Kansas, there is an option to go through foreclosure by a judicial sale, which is a procedure in which a court supervises the sale of the property, and makes sure that the proceeds first go the to the holder of the mortgage, then to anyone else who may have a lien on the property, and finally to the debtor 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 Topeka, Kansas attorney to see if this state is one of them.

How Can I Avoid Foreclosure in Kansas?

First and foremost, you should not ignore the possibility of foreclosure. Failing to respond to collection calls from your lender will not make the problem go away. As unpleasant as this might seem, you should stay in contact with your creditor, and be forthright with them. You should keep in mind that banks typically don't want to take your Topeka 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 can't work things out with your lender, there are other options. You could 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 gets those proceeds, but the remainder of the loan will be forgiven. A "short refinance" might also be an option in some cases. This allows you to have some portion of the debt forgiven, while refinancing the rest.

How Can A Topeka, Kansas Attorney Help?

If you are facing foreclosure, a good Topeka, Kansas 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 Topeka

Topeka is the capital of Kansas, located along the Kansas River in Shawnee County. According to a 2010 census, the population is around 127,473 people. Three United States Navy ships have been named after Topeka, with the name USS Topeka.

What the city is most famous for is the landmark United States Supreme Court case Brown v. Board of Education of Topeka. This case overturned Plessy v. Ferguson and declared that segregation based on race in public schools was unconstitutional.

The city itself is the largest employer, with around 8,400 people working for the city government. The school districts and health care system also employ a significant number of the residents. Many "big name" manufacturers are located in Topeka, such as Goodyear Tire and Rubber Company, Payless Shoe Source, and Frito-Lay.

Some popular attractions include the Kansas Museum of History, Combat Air Museum, the Kansas State Capitol, the Brown v Board of Education National Historic Site, Westboro Neighborhood, and Topeka Zoo.

Kansas is filled with many attorneys practicing is decent sized law firms, catering to inquiries in all practice areas. Overall, Topeka is a great, well-rounded place with just a little bit of everything to enjoy.

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