Short sale property ready to close. Owner passes What steps needed for sale to proceed? No other assets. Debt $5-10,000. Sister handling No will

Asked by Jane S, 02370 Thu Mar 1, 2012

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Tue May 7, 2013
I have to wonder if the stress of the whole thing caused the seller to pass before their time. You may need permission from the probate court to proceed. If the seller has already signed and notarized the deed then they may be able to go ahead and close it. Without that you will need permission from the probate court. You may need it with that signed. Really you have to do what the lawyers say on this.
0 votes
Glen Etherin…, Agent, Orange, CA
Thu Mar 1, 2012
I have to agree that a probate attorney is the best source for information, answers, and help. Please accept my sincere condolences for your loss.
0 votes
Harold Sharpe, Agent, Menifee, CA
Thu Mar 1, 2012
Jane,
The first step is to talk with a lawyer handling the deceased probate or trust.
Too many variables.
trust, probate, how title is taken, who is on title, who is on the loan, etc.
It is not cut and dry.
I am sorry for your loss.

Harold Sharpe - Broker
So Cal Homes Realty
(951) 821-8211
harold@southerncaliforniashortsales.org
http://www.southerncaliforniashortsales.org
California Department of Real Estate Broker License # 01312992
0 votes
Mario G Bono…, Agent, Rancho Cucamonga, CA
Thu Mar 1, 2012
Jane first and foremost accept my condolences...Jane you say that short sale is ready to close...So, did seller signed all the legal documents such as grant deed, purchase contract and escrow instructions? If so, and if family wants to continue chances are you still can finish it. On the other hand, a short sale is usually done to prevent sellers credit to get really affected. In this case credit really does not matter any more....( I apologize if my comment my sound feelings-less) Perhaps the best thing to do is to consult with a real estate attorney. Once again accept my condolences.
0 votes
Jeremy Lehman, Agent, Garden Grove, CA
Thu Mar 1, 2012
Question, does the family or bank want to proceed with the sale? Many times the family doesn't want to continue the process and looks at other options per their counsel. Either way, I wouldn't expect anything to happen quickly.
0 votes
Jory Blake, Agent, Norco, CA
Thu Mar 1, 2012
It sounds like probate will be required unless there is a power of attorney in place to handle the signing . A RE attorney would be best suited to handle this matter.
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