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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6845
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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As life estate tenant in a private residence (which has an

Customer Question

As life estate tenant in a private residence (which has an outstanding mortgage) in the state of ND, is a bank required to give me written notification before repossessing via foreclosure? What rights for recourse do I have?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 month ago.
Good morning.
Customer: replied 1 month ago.
Good morning to you too. Kindly address my question.
Expert:  KJL LAW replied 1 month ago.
Has any action been taken yet?
Expert:  KJL LAW replied 1 month ago.

I will let a North Dakota attorney answer this question.

Expert:  Irwin Law replied 1 month ago.

Hello. I am a different expert, and I will assist with your question. A pre-foreclosure notice must be given to the borrower at least 30 days prior to the commencement of the suit. A life tenant does not have to be given any formal written notice of an impending foreclosure suit; however the life tenant should be joined as a defendant in the foreclosure suit. Otherwise, the purchaser at the foreclosure sale would be purchasing the property still subject to the life tenant's rights of possession. In other words, the foreclosure judgment will order the sale of the property and will also terminate the rights of the life tenant. But the LT must be made a party defendant and be given the opportunity to defend against foreclosure. The only way to prevent that is for the property owner to pay whatever is necessary to stop the foreclosure.

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