What is Foreclosure in Hempstead, New York?

Find the right Foreclosure Bankruptcy attorney in Hempstead, 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 Hempstead, New York. Foreclosure typically results in the property being sold in an auction. Banks typically 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 many states, original mortgages (as opposed to refinanced loans) are "non-recourse" loans, meaning that the most the lender can collect is whatever the foreclosed property sells for. The bank cannot go after the borrower for the balance, if the sale nets less than the amount due. You should consult a lawyer in Hempstead, New York to learn the details of the law here. You should also know that this rarely applies to loans which have 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 forthright with, your creditor as much as possible. You should remember that banks in Hempstead 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 forthright with them, lenders will typically try to accommodate your changed financial situation, to avoid a default on your part, and the necessity of foreclosing on their part.

If you can't reach a solution with your lender, there are other options. You could, for example, try a "short sale," which allows you to sell your house for whatever amount you can get, and use the proceeds to pay your mortgage. If the house sells for less than you owe, the bank will get the proceeds of the sale, and the rest of the debt will be forgiven. There is also the option of a "short refinance," which forgives a substantial portion of your mortgage debt, and refinances the rest.

How Can A Hempstead, New York Attorney Help?

If you are facing foreclosure, a good Hempstead, New York real estate attorney can help. While keeping your home might not always be possible, a lawyer can increase your odds of success, and help you minimize the negative impact if you do end up losing your home.

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Life in Hempstead

Hempstead comprises one third of the municipalities in Nassau County and is situated in the southeast. Hempstead is much larger than nearby Buffalo playing host to 756,000 New York residents. It is the 14th most populous city in the State of New York. The Town of Hempsead is the 47th largest employer in Long Island with 2,000 employees. The Village of Hempstead is incorporated within the Town of Hempstead that also includes a total of 22 villages and 37 hamlets. There are many lawyers living in Hempstead. Those lawyers are familiar with Nassau County courts and procedures in many different areas of law.  

Hempstead plays host to a number of outstanding parks and recreational areas including the Hempstead Lake State Park, Valley Stream State Park, and Jones Street State Park. The New York State Parks in the Town of Hempstead incorporate fishing areas, covered picnic areas, tennis courts, sports fields, boat launches, hiking, and nature trails. In the winter ice fishing, ice skating, cross-country skiing, and snowmobiling are just a few of the activities offered by state parks in Hempstead. 

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