Upcoming Foreclosures

What happens to a home that is in a foreclosure and the owner just recently passed away?

My mother in law owned a home and she had been sick the last few months and she passed away.. Is there anyway we can postpone the foreclosure? We need help they are selling the house on December 5th

Public Comments

1. The reasons it's in foreclosure will not change. Either get a new loan, pay the needed amount, or sell it to someone else before the foreclosure.
2. You can pay what she owed to postpone the foreclosure. This did not just happen if the house goes up for sale Dec. 5th, this has been many months in the making.
3. Ok, first take a deep breath. Did your mother-in-law have a will? Since you have a date,then she should have received a notice of foreclosure so check to see if you can find that. Contact the lender or the attorney who is handling the foreclosure and let them know she has passed. You will need to verify with a CERTIFIED copy of the Death Certificate to the attorney and to the lender. Also know that by doing this that it may slow down the process but not stop it completely. Each state has guidelines to follow so the court has to abide by a will if there is one. The lender must be notified in writing as well. Check out your state's court website or contact the courts yourself. The clerks will be able to help you with any questions you may have/
4. I don't know much about probate but I would think that once someone dies and their estate enters probate, matters like foreclosure freeze until the court resolves the estate. Hopefully someone who knows probate well will add their .02.
5. I recommend that you contact an attorney who specializes in real estate law immediately. The law varies from state to state with respect to this matter. There may be a possibility of having the sale postponed depending upon the laws in your state. I recommend that you see if you can find an attorney that will meet with you on Saturday, that is December 1. If you cannot get an attorney on Saturday, then I recommend that you contact an attorney on Monday December 3. You will probably have to contact a number of attorneys before you will ifnd one who feeld confident of his ability to stop or postpone the sale. Also many attorneys will be in court. Be prepared to start calling early. In fact this weekend you can leave messages on their office voicemail or with the answering service that this is an extremely urgent matter. Be prepared to attend the sale on Wednesday the 5th to confirm with the trustee conducting the sale that the sale has been postponed. When I have attended trustee's sales it is not uncommon for the sale to be postponed.