What is Foreclosure in Albany, New York?

Find the right Foreclosure Bankruptcy attorney in Albany, NY

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 Albany, New York. 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 all states in the U.S., including New York, there is an option to go through foreclosure via judicial sale, in which a court oversees the sale, and makes sure that the proceeds first go to the lender, and then to any other entities that might have a lien or other interest in the property (in order of priority), and, finally, to the borrower, 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 an Albany, New York attorney to see if this state is one of them.

How Can I Avoid Foreclosure in New York?

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 honest with, your creditor as much as possible. It is critical to remember that banks don't really want to own homes in Albany. 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 enable you to keep paying them in the long run.

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. There is also the option of a "short refinance," which forgives a significant portion of your mortgage debt, and refinances the rest.

How Can A Albany, New York Attorney Help?

If you are facing the possibility of foreclosure, a good Albany, New York 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 Albany

Albany is the capital city of New York State, and the county seat of Albany County. Albany, New Yorkis a medium-sized city, boasting a population of just under 100,000 people.

In 1908, Albany, New York opened one of the first commercial airports in the world, which served as a precursor to the Albany International Airport, which officially opened in 1920, and has been in continuous use since them.

Also, Albany, New York has a rich arts scene, with several renowned artists calling it home, along with some successful galleries. At the beginning of the spring season, Albany hosts an annual tulip festival, a popular regional event.

Albany is also a diverse city, with residents from a wide range of backgrounds. Albany's thriving artistic community, at least in part, owes its existence to this diversity.

New York is home to several nationally-renowned law schools, including New York University, and Columbia University,as well as some less-known law schools, which are very well-respected locally. Because of this, there is no shortage of Albany, New York lawyers.

Whatever legal problem you might have, it's likely that you can find a competent Albany, New York lawyer, at a fair price.

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