What is Foreclosure in Memphis, Tennessee?

Find the right Foreclosure Bankruptcy attorney in Memphis, TN

Foreclosure is a legal procedure in which a mortgage lender recoups some of its losses in the event of default by acquiring possession and/or ownership of the home that secured the loan in the first place in Memphis, Tennessee Foreclosure often requires the house to be sold at auction. Often, banks want to get rid of the property as soon as they can, in order to gather as much money as possible, and move forward.

In all states in the U.S., including Tennessee, there is an option to go through foreclosure via judicial sale, in which a court supervises the sale, and makes sure that the proceeds first go to the lender, and then to any other entities that may have a lien or other interest in the property (in order of priority), and, finally, to the borrower, if anything is left. In some states, original mortgages are "non-recourse loans," meaning that the lender may 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 a Memphis, Tennessee attorney to see if this state is one of them. However, it is almost always the case that this protection does not apply to loans that have been refinanced.

How Can I Avoid Foreclosure in Tennessee?

First, you should never dismiss the matter. As unpleasant as it seems, it is necessary to stay on top of the issue. Ignoring the problem will never make it go away. You should remember that banks in Memphis 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 can't work things out with your lender, there are other avenues. You can 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 receives those proceeds, but the remainder of the loan will be forgiven. You may also consider a "short refinance" which allows a part of the debt to be forgiven, and lets you refinance the rest.

How Can A Memphis, Tennessee Attorney Help?

If you are worried about foreclosure, a good Memphis, Tennessee real estate attorney may be able to help. An attorney 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 Memphis

Memphis, Tennessee has something for everyone. Popular family attractions include Graceland, Main Street Trolley, AutoZone Park, and the Gibson Factory. Memphis is also known as a city rich in history, so there are many museums to see! Some museums include the National Civil Rights Museum, Stax Museum of American Soul Music, Mississippi River Museum at Mud Island, and the Memphis Rock 'n' Soul Museum.

Amongst all the cities in the United States, Memphis is deemed the twentieth largest city in the U.S. Along with Nashville, Memphis is known to be one of Tennessee's most exciting and metropolitan cities with a population of around 1,316,100 people. Downtown Memphis lies along the Mississippi River and is home to many companies and law firms. Memphis attorneys have a reputation of being competent and client oriented, focusing on providing excellent legal services to Memphis residents.

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