What is Foreclosure in Eugene, Oregon?

Find the right Foreclosure Bankruptcy attorney in Eugene, OR

Foreclosure is a judicial process in which a mortgage lender recoups some of its losses in the event of default by taking possession and/or ownership of the home that secured the loan in the first place in Eugene, Oregon 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 all states in the United States, including Oregon, foreclosure by judicial sale is an option. This allows the sale to be conducted under the supervision of a court, to ensure that the bank makes a good faith effort to get a fair price, and that the proceeds above and beyond the balance of the mortgage (if there are any) go back to the debtor. 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 an Eugene, Oregon 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 Oregon?

Most importantly, you must not ignore the problem. Doing so will not make it go away, and will probably make it worse. You should stay in close contact with your bank, and be straightforward with them. One should remember that banks typically don't want to take your house in Eugene. 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 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 considerable portion of your mortgage debt, and refinances the rest.

How Can A Eugene, Oregon Attorney Help?

If you are facing foreclosure, a good Eugene, Oregon 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 Eugene

Eugene, Oregon is the second-largest city in the state of Oregon. It is also the seat of Lane County, in the south end of the Willamette Valley. Its population is about 157,000 people.

Eugene, Oregon is named after its founder, Eugene Franklin Skinner, who started the first recorded permanent settlement in the area. The first major educational institution in the area was Columbia College, which was founded a few years before the University of Oregon (still Oregon's flagship public university).

Modernly, Eugene is known as a progressive, and somewhat quirky, community with a streak of political radicalism thrown in for good measure. A small but highly-visible community of anarchists established itself in Eugene in the 1990s, and is still present there today. While they are not generally criminally-inclined, some of their protests have led to arrests. Many activist attorneys in Eugene, Oregon have taken it upon themselves to represent clients with radical political views, sometimes on a pro bono or reduced fee basis.

Of course, most Eugene, Oregon lawyers have more "standard" careers, and represent average citizens and small businesses, helping them with the legal issues that they're most likely to face. If you live in or around Eugene, Oregon, and have a legal issue that needs immediate attention, you should not hesitate to contact an Eugene, Oregon attorney as soon as possible.

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