What is Foreclosure in Cary, North Carolina?

Find the right Foreclosure Bankruptcy attorney in Cary, NC

Foreclosure is a legal process allowing mortgage lenders to take ownership and/or possession of the debtor's real estate (which was used to secure the loan) in the event of nonpayment in Cary, North Carolina. Foreclosure normally involves a forced sale of the house at auction. Banks normally want to rid themselves of ownership of the home as soon as possible, collect as much money as they can, and then move on.

In every state, including North Carolina, borrowers have the option to go through foreclosure by judicial sale. This means that the auction will be overseen by a court, to make sure that the bank makes an effort to get as high a price as possible (to increase the chances that the entire balance will be covered, as well as the odds that there will be some money leftover for the borrower). In some states, original mortgages are "non-recourse loans," meaning that the lender can only recover ownership of the house in the event of default. If the house is now worth less than the balance of the mortgage, the lender has to take the loss. You should speak with a Cary, North Carolina lawyer to see if this state is one of them. However, it is almost always the case that this protection does not apply to loans which have been refinanced.

How Can I Avoid Foreclosure in North Carolina?

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 straightforward with, your creditor as much as possible. One should remember that banks typically don't want to take your house in Cary. They issued your mortgage expecting to earn a profit on the interest. Taking possession of, and selling, your house is a last resort for them. Therefore, if you are straightforward with them about your financial situation, they are likely to make reasonable accommodations to prevent you from defaulting.

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 typically 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 considerable portion of your mortgage debt, and refinances the rest.

How Can A Cary, North Carolina Attorney Help?

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

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Life in Cary

Cary, North Carolina, is situated in Wake County and Chatham County. The city is the second largest in Wake County with a population of 143,000 people. It is an important suburb of the city of Raleigh and belongs to the region known as "the Triangle" area. Cary is also less than 20 minutes from major universities like University of North Carolina and Duke. Over two-thirds of Cary adult residents have college degrees.

The city of Cary, North Carolina is known as the "Technology Town of North Carolina" due to its proximity to Research Triangle Park. The Research Triangle hosts research and development facilities for over 150 high-tech organizations, and is the worksite for over 39,000 employees. Also, Cary's government has made considerable efforts at increasing the quality and availability of technology in the city.

In addition, Cary's government maintains an aesthetically pleasing and artistic feel to the city. Popular destinations include William B. Umstead State Park, the Page-Walker Hotel, and the USA Baseball National Training Complex. Many events and festivals are held in Cary, North Carolina, such as the Spring Daze Arts Crafts Festival and the NC Eid Festival.

Lawyers in Cary, North Carolina practice law in many different fields and cover a variety of legal matters. Experienced attorneys in Cary are familiar with the unique laws of the city. They provide legal advice, guidance, and representation in situations where the presence of an attorney is needed.

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