If a house goes into probate, does the foreclosure process stop?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a house goes into probate, does the foreclosure process stop?
My late aunt’s estate was sent into a situation where you refinance or sale to
keep the estate from being foreclosed on. Now that other siblings are contesting
my PR stance does this stop the foreclosure process or is the date they gave me
for a property auction stand?
Asked on June 4, 2018 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, probate (or challenges to a personal representative) do not stop foreclosure. The bank's right to foreclose predated the death of the homeowner and is not affected by her death, by what happens to the rest of her estate, or to disputes among heirs and beneficiaries. Foreclosure is very straightforward in the following way: if the loan is not paid, the bank/lender may foreclose regardless of what else is going on.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, probate (or challenges to a personal representative) do not stop foreclosure. The bank's right to foreclose predated the death of the homeowner and is not affected by her death, by what happens to the rest of her estate, or to disputes among heirs and beneficiaries. Foreclosure is very straightforward in the following way: if the loan is not paid, the bank/lender may foreclose regardless of what else is going on.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.