What is Foreclosure in Elmont, New York?

Find the right Foreclosure Bankruptcy attorney in Elmont, 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 Elmont, 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 every state, including New York, 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 treated as "non-recourse" loans, meaning that, at most, the lender can take ownership of the house in the event of foreclosure, even if it is worth less than the amount due. The bank cannot go after the debtor for the remaining balance once it sells the house. You should consult a lawyer in Elmont, New York to find out if this is the case here. This normally does not apply if the mortgage has been refinanced.

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 straightforward with, your creditor as much as possible. You should remember that banks in Elmont don't want your house. While the foreclosure process can be devastating for the homeowner, it's no walk in the park for the bank, either. They expected to make a profit through interest on the loan paid over time, and foreclosure is a last resort, allowing them to cut their losses and move on. If you are straightforward with them, lenders will normally try to accommodate your changed financial situation, to avoid a default on your part, and the necessity of foreclosing on their part.

If you believe that foreclosure is imminent, there are some other options. For example, you might be able to engage in a "short sale," which sometimes allows you to sell your house for whatever amount you can get, give the proceeds to the lender, and walk away free of your mortgage debt, even if the sale netted less than the balance of the mortgage. 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 Elmont, New York Attorney Help?

If you are worried about foreclosure, a good Elmont, New York 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 Elmont

Elmont, New York is an unincorporated community Nassau County, New York. It is a suburb and bedroom community (a community that is almost entirely residential, populated in large part by people who commute to a nearby, larger, city for their jobs) of New York City. Its population is estimated at about 33,000. The community now known as Elmont can trace its roots back to a land purchase in 1650. Dutch colonists established New Amsterdam in the region, and the colony was eventually transferred to the English, who renamed it "New York." In 1905, the Elmont became home to the Belmont Race Track, which is a major venue for horse racing, and hosts one of the legs of the Triple Crown. During the economic boom following WWII, attractive suburban tract homes began springing up in Elmont, which is largely how it adopted its current role as a residential suburb of New York City. Modernly, Elmont, New York is an extremely diverse city, with roughly equal parts of its population (about 40% each) being African-American and white. It also has significant concentrations of several other ethnicities and cultures, reflecting the diversity of New York, and the U.S. as a whole. Elmont, New York attorneys are numerous, and the selection of attorneys in the greater New York City area is practically unlimited. If you're facing a legal issue, it's very like that an Elmont, New York lawyer can help.

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