Probate Property in Preforeclosure

[Account Closed]

Hi. I wanted to put this in the Probate forum but there doesn't appear to be one. I am working with a seller who along with her brother are supposed to inherit a property they want to sell. Their mother was the owner and is deceased. The property has an NOD and an auction date for the end of February. Title has not yet transfered and she expressed that they are in probate but doesn't have much information. I'm not very familiar with the probate process so I wanted to see if there's a way to get more information on when the title will transfer and they can sell the property? The Daughter said that the lender has not been accepting payments because they aren't coming from the owner who is deceased. Also there is no Affidavit of Death yet filed. I know I could probably find most of this info on Google which I will try to do but I also like speaking with you wonderful and knowledgeable people on this forum!

[Ron S.]

The lender isn't accepting payments because the loan is in foreclosure. Anything less than the full amount due is not sufficient to reinstate. There would be no other reason to not accept payments and the comment that its because its not coming from the borrower is hogwash. Any lender that would say that, is about to be shut down or fined by the CFPB. That's against Federal rule so, I suspect its more that the daughter doesn't have all funds necessary at once AND has not established herself as a legitimate successor in interest. Until she has the money, and is the successor, lender doesn't have to accept a dime.