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How death affects foreclosure proceedings?

Posted on: 01st Aug, 2008 06:32 am
what are tx laws, if any, to avoid foreclosure when the home owner died and the will still has to be probated?--no operating capital to pay mortgage?
Hello.

The beneficieries should get thier name on the mortgage and make the mortgage payments? Are you late on the mortgage payments?
Posted on: 02nd Aug, 2008 05:18 am
Yes, the person died two months behind and the will is a bit messing and probate will take a while. There are no available funds to pay the note without ownership/heirship being determined through probate so I was wondering if there were any rules or laws that could keep the house from being foreclosed on until things settled out. Perhaps wishful thinking on my part, as everyone wants to get paid.
Posted on: 02nd Aug, 2008 05:22 am
welcome cynthia.

i am not sure whether there is any such law or not but you should contact the mortgage company and inform them about the death of the owner. none wants foreclosure. it will be a huge loss on their part too. can the beneficiaries refinance the loan on their names? if they can refinance and make the monthly payments then i feel the mortgage company will not foreclose.
Posted on: 02nd Aug, 2008 05:40 am
If a homeowner has been foreclosed on and then they die whos property is it. The deceased person or the banks
Posted on: 24th Apr, 2012 09:36 pm
Hi Kay,

It will be considered as the bank's property if the bank has already foreclosed it.

Thanks
Posted on: 26th Apr, 2012 02:41 am
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