What is Foreclosure in Buffalo, New York?

Find the right Foreclosure Bankruptcy attorney in Buffalo, 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 Buffalo, New York. Foreclosure normally results in the property being sold in an auction. Banks normally 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 a Buffalo, New York attorney to see if this state is one of them.

How Can I Avoid Foreclosure in New York?

First of all, you shouldn't ignore the problem. You should stay in contact with your bank, and be straightforward with them. Ignoring the issue will not make it go away. One should remember that banks typically don't want to take your house in Buffalo. 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 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. 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 Buffalo, New York Attorney Help?

If you think foreclosure is imminent, a good Buffalo, New York attorney might be your best hope for staving it off. Even if keeping the house proves impossible, a good lawyer can minimize the financial effects.

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Life in Buffalo

Buffalo has lots of nicknames like "the city of good neighbors," "the nickel city," and "the queen city" but the slogan that's best is "city of light." Buffalo, as the second most populous municipality in the State of New York, is just that. Buffalo is a waterfront city standing at the edge of where the Buffalo River, Niagara River, and Lake Eerie intercept. That means there are many tourists who come to Buffalo to see the Niagara Falls that are just 15 minutes away from downtown. Downtown Buffalo is a center of banking with major operations for First Niagara Bank, MT Bank, HSBC Bank USA, Bank of America, and KeyBank. Rich Products is one of the world's largest family owned food manufacturers and has their corporate headquarters in Buffalo.

Buffalo's economy is largely reliant on health care and education that have had continuous success in the face of the recession. The Buffalo Niagara Medical Campus and the University of Buffalo are largely to credit. Both institutions vastly expanded in the past few years offering more jobs and opportunities to Buffalo residents. Forbes Magazine rated Buffalo as the 10th best place to live in the United States in 2010. The Buffalo City Hall is a world renown building for its design by Art Deco. There are also a number of parks that are well kept in Buffalo. None compare to the Buffalo and Eerie County Botanical Gardens drawing visitors from far and wide.

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