What is Foreclosure in Fairfax, Virginia?

Find the right Foreclosure Bankruptcy attorney in Fairfax, VA

Foreclosure in Fairfax, Virginia is a legal proceeding which allows a mortgage lender to take ownership of the home that was used to secure the mortgage, in the event that the creditor defaults. 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 U.S., including Virginia, 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 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 a Fairfax, Virginia 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 Virginia?

First, you should never ignore the matter. As unpleasant as it seems, it is essential to stay on top of the issue. Ignoring the problem will never make it go away. It is critical to remember that the bank does not really want your Fairfax house - they expected to make a profit through the interest on your loan, and that's what they'd prefer to do. Accordingly, they will probably make reasonable accommodations to your financial situation if it means that you will be able to make some form of payment to them.

If you can't work anything out with your lender, or have become completely unable to make any mortgage payments, a "short sale" might be a good option. This allows you to sell your house for whatever price it can get, and hand the proceeds over to the lender. If the sale price is less than the balance of the loan, the rest of the debt might 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 Fairfax, Virginia Attorney Help?

If you are facing foreclosure, a good Fairfax, Virginia 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 Fairfax

Fairfax, Virginia is the county seat of Fairfax County. However, it is an independent city, so it is not technically part of the county in which it is physically located, but is a separate legal entity, over which the county doesn't exercise jurisdiction. It has a population of about 24,000 people. Fairfax, Virginia is part of the Washington, D.C. metropolitan area, and is generally considered a suburb of Washington, D.C. Fairfax is a popular place to live for people who have jobs in D.C., and given the large number of government and private-sector jobs in the Washington, D.C. area, Fairfax is a place that many professionals who are currently having trouble finding work are considering relocating to. Old town Fairfax recently underwent a major redevelopment, adding a new public library, along with tens of thousands of square feet of new retail and restaurant space, and nearly 100 upscale condominium units. There are many lawyers in and around Fairfax, Virginia. A good Fairfax, Virginia lawyer can make it infinitely easier to deal with just about any legal issue a person might face. If you or a loved one needs any legal assistance whatsoever, regardless of the reason, you shouldn't hesitate to contact a Fairfax, Virginia attorney.

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