Real Estate Law
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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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