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Foreclosure on a home during probate in SC?
Anonymous2 views2 answers
My husband is the personal representative for his sister's estate. She died intestate and all the other debts within the estate have been settled. After my sister in law passes away, my husband contacted the mortgage lender and informed them of the death. He requested that the mortgage be modified while the home was on the market. He was advised by the lender to let the mortgage go delinquent so that they could discuss modification. He did as they asked. Since that point, they have refused to work with him since the homeowner is deceased and started foreclosure proceedings. It is almost as they advised him to be delinquent so they could foreclose on the property. He has made several offers to purchase the property or catch the mortgage up to date to avoid escalation. Any advice? Help!
It is like it is a big game of Catch-22. They will not negotiate with you until you are behind in payments, and then they will not negotiate with you, because you are behind in payments. If there is substantial equity in the home, then I would meet with an attorney to see what your options are. If there is little or no equity, it may not be worth pursuing.
James Frederick
The personal representative has the power to negotiate the sale, mortgage, or foreclosure proceedings for real property of the estate. The lender should treat the PR the same as the deceased. Contact a foreclosure attorney for help with this situation
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