If a house goes into probate, does the foreclosure process stop?
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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 6 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 6 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.
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