Foreclosure in 34685>Question Details

Annod, Home Owner in 34685

can they foreclose on a deceased person. wife not on note but is disabled widow

Asked by Annod, 34685 Mon Dec 13, 2010

Help the community by answering this question:


This question was asked in Florida. That is a totally different process than California or another state.

I am a licensed real estate broker in both Florida and California. Under all federal laws, the mortgage loan, and the home (the collateral that ensured the loan) are governed by the rules of that state. In the case of Florida, the process is handled with a lis pendis and an actual court hearing when a homeowner breaches the contract through nonpayment. As the lienholder is now deceased, the respondent to that filing is more complicated. But I would like to point out that alive, or passed, the party has little to say but whether they are paying the deficiency amount. If not, the home will be processed through the foreclosure process.

I might think that if the wife is willing to go to court and offer to pay the deficiency that they might cure the loan. Otherwise. what other recourse do they think the court should find? GIVE the house to the wife without paying? Not likely. I would suggest you contact an attorney...but better than that might be to proceed with a short sale of the property...IF the wife is an executor to his estate. A short sale now offers almost $10,000 for relocation fees in order to resolve the disposition of the property outside the foreclosure process. However, if the wife does not show as the executor to the estate, she cannot sign contracts related to its sale.
0 votes Thank Flag Link Tue Mar 10, 2015
I just read some of these Moronic answers to the questions and they are mostly WRONG. I am a law school grad with a Juris Doctorate Degree and 35 years legal experience, much of it in real estate. The people who tell you that the bank can foreclose on a deceased person or that the foreclosure is against the property and not the homeowner need to shut up. The foreclosure is against the property AND the homeowner, or the one who signed the promissory note. if that person is dead, the bank just cannot post a Notice of Default and Notice of Trustee's sale the property. A deceased person must be served through their ESTATE, The administrator, executor, or personal representative must be served with the foreclosure documents, since the homeowner is deceased. In California, and probably most other states, no judgment, order, or decree can be entered against a person who has been dead more than one year. In some instances, it is 18 months. After that, the books are closed against the deceased person. So, if a property goes into foreclosure AFTER the homeowner dies. You have many rights to set aside the foreclosure. Don't believe these non educated fools who are trying to advise you.
0 votes Thank Flag Link Mon Feb 16, 2015
I love attorneys? They like to listen to themselves and think they are the smartest people in the room.

Anyone can challenge the validity of a foreclosure for any or no reason. Just because you say so, doesn't mean its gonna get overturned. The foreclosing entity is going to notice all parties known that may have an interest in the estate. They are going to look for legitimate successors in interest. If there are none or if no one responds to the notice, the foreclosure is gonna go on as planned against the property in a non judicial foreclosure, which is 99.99% of consumer foreclosures. Oh, maybe they will foreclose in rem which will surely throw your bag on whind diatribe into the trash.

Typical attorney...trash everyone else while you hold yourself out to be some stud. There is a reason you guys are so loathed and you just added another level to that validation.
Flag Wed Feb 18, 2015

Were you or the representative of your mother’s estate not aware that payments were not being made on the property? Is your mother’s estate capable of bringing the mortgage current? Have you or a representative of her estate been in touch with the lender? Has everyone been ignoring the letters from the bank notifying you of the delinquency and warning of foreclosure? Is there equity in the property or is it underwater? Is the foreclosure a surprise to you? What have you done up to this time to prevent foreclosure? Have you spoken to a local real estate agent? Have you spoken to an attorney?
0 votes Thank Flag Link Sat Oct 20, 2012
Our mother just pass in August of this year and a sign was posted that the house is up for auction what can we do
0 votes Thank Flag Link Sat Oct 20, 2012
Yes, the owner of the property (whether by mortgage or by estate) can be foreclosed on. This is a terrible process, I worked through one about four years ago, and it was nice that after many months, the banks helped us close on a short sale before the foreclosure process started.
It is important to have open communication with the bank as soon as possible. We had a few problems with the death certificate, but once that was corrected, we were able to move forward.
0 votes Thank Flag Link Sat Aug 6, 2011
Yes, simply because the PROPERTY is being foreclosed upon, not the person. Also when one is deceased, not only do their assets get passed along, so do their debt. As unfortunate as that is.
0 votes Thank Flag Link Fri Jan 14, 2011
If the bank does foreclose, it will be foreclosing due to non-payment of debt. The bank does not foreclose on people, dead or alive; the bank forecloses on properties for which payment is not being made. Death does not wipe out debt. The person obliged to pay the debt may be gone but the debt still exists and must be repaid or the lender can foreclose on the collateral.
As has been mentioned several times already, you should be consulting an attorney to determine your rights and obligations.
0 votes Thank Flag Link Tue Dec 14, 2010
Dead or Alive a Bank can and will foreclose regardless of marital stus and or disability. Wife not being on the note, but on the Mortgage? Wife on the Deed? ~ Ultimately all persons in possession will be extracted.
0 votes Thank Flag Link Mon Dec 13, 2010
BOTTOM LINE: - if the mortgage is not being paid YES the lender can foreclose on the property. Best have attorney OR anyone assist in perhaps keeping the home HOWEVER legal doc;s need be furnished show he is deceased , title change and etc.

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Mon Dec 13, 2010

If the financial obligations have not been met the bank will ultimately foreclose. I am certainly sorry to hear about your husband and you should be speaking with your probate attorney about your options.

Again, my condolences and the very best of luck to you moving forward.

Always at Your Service,

Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
Web Reference:
0 votes Thank Flag Link Mon Dec 13, 2010
Hello Annod,

The bank will foreclose if they are not being paid. The widow may or may not be on the deed. Possibly this widow should seek the advice of a probate attorney. You could speak to:
Dawn Ellis, Esq.
My Florida Probate, P.A.
(352) 726-5444
Fax (352) 726-6117

They definately need to speak to an Attorney who knows Real Estate.
0 votes Thank Flag Link Mon Dec 13, 2010
Hi Annod,

You have a very good case it is very unlikely that they can the man is dead, but it all comes down to what is written in the details of the note, so death might not keep them from trying to foreclose. My advice is to get the widow a good real estate lawyer fast. All the very best.

Brian Halstead
Halstead Homes Realty
0 votes Thank Flag Link Mon Dec 13, 2010
If you are trying to save the property from foreclosure, do protect yourself and any other assets you may have by consulting with an attorney who specializes in real estate--if you cannot afford an attorney, contact your local Legal Aid Society for a pro bono attorney--free; unfortunately if the mortgage is not being paid, the lender can take actions.
0 votes Thank Flag Link Mon Dec 13, 2010
Unfortunately the answer is yes if the owner held a mortgage on the property. The bank can foreclose
on the estate. I would highly recommed that the family discuss their options with a real estate attorney
as soon as possible.

Best of luck on this issue.

0 votes Thank Flag Link Mon Dec 13, 2010
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