Foreclosure during probate

You should move immediately to open a probate of the will. The executor has the power to make payments and deal with the lender. Probate is no inhibition to a forclosure but generally lenders are willing to work with personal representative in these situations. DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances

Assuming there is no surviving spouse and no other party on the loan documents or title to the property, the only person with authority to pay the mortgage, work with the bank, or sell/transfer the property is the Personal Representative ("PR") of the Estate. The PR is appointed by the court and is usually the person identified as the PR in the Will. If you are in possession of the Will and/or the named PR, you should commence the Probate. The PR does have a duty to marshal and protect the assets of the estate, which may be breached if the house is foreclosed upon. As an aside, probate in Washington is a relatively simple and cost effective.

Dear Bothell, I've handled hundreds of probates with homes in them with mortgages that need to be paid & dozens of them that are subject to foreclosure. To deal with the lender, you need to open a probate for the Decedent's estate & have the Court appoint a Personal Representative, who can "step into the Decedent's shoes" and take any action, such as paying the mortgage, that the Decedent could do if he or she were still alive. No, unlike bankruptcy (in federal Court), merely opening a probate (in state Court) will not be a block to foreclosure if the lender wants to foreclose. However, you should be aware that the foreclosure process itself takes at least four months, and during most of that period, you may bring the loan current & during all of that period you may sell the house, avoiding foreclosure. Sincerely, Richard Wills, WSBA 19720 www.washington-probate.com