What is Foreclosure in Scituate, Massachusetts?

Find the right Foreclosure Bankruptcy attorney in Scituate, MA

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 Scituate, Massachusetts has repeatedly failed to make their payments. Foreclosure usually results in the property being sold in an auction. Banks usually 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 every state, including Massachusetts, 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 Scituate, Massachusetts attorney to see if this state is one of them.

How Can I Avoid Foreclosure in Massachusetts?

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 honest with them. It is important to remember that the bank does not really want your Scituate house - they expected to make a profit through the interest on your loan, and that's what they'd prefer to do. Accordingly, they will probably make reasonable accommodations to your financial situation if it means that you will be able to make some form of payment to them.

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 generally 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. You could also consider a "short refinance" which allows a chunk of the debt to be forgiven, and lets you refinance the rest.

How Can A Scituate, Massachusetts Attorney Help?

If you are worried about foreclosure, a good Scituate, Massachusetts 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 Scituate

Scituate, Massachusetts is a city in Plymouth County, on Cape Cod. It has a population of about 18,000 people.

Scituate was originally settled by a group of people from Plymouth in 1627. Since its founding, Scituate's economy and culture revolved around fishing. The rich waters off of New England provided a seemingly-limitless food source. While commercial fishing still takes place, depleted stocks, and the resulting limits, have reduced its economic importance.

Like much of the Cape Cod area, Scituate has become a destination for wealthy visitors, many of whom maintain homes in the area. Visitors from the world over are drawn to its natural beauty, and unique New England Charm.

Scituate is a fairly affluent community, with the median household income of permanent residents being about ,000, and only about 2% (much lower than the national average) of the population living below the poverty line.

If you live in Scituate, Massachusetts, and are looking for an attorney, you're in luck. There are many Scituate, Massachusetts lawyers who can handle whatever legal issue a person is likely to face. If you have any legal problems, a Scituate, Massachusetts attorney is the person to call.

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