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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hi My friend is desperate. He was taking care of his dad

Customer Question


My friend is desperate. He was taking care of his dad who become very ill (dementia) and eventually passed away last year. He made a will when was not sick leaving the property they were living to my friend. The house is on foreclosure and the only person on the tittle still my friends dad who is deceased. The sale date is on Tuesday but as long as we know (doing search engine in the internet) if he file BK it wont stop the sale date since he is not on title, what he can do???? Considering that is on Tuesday. Didnt the bank needed to do a judicial foreclosure in this case since the borrower is dead and they didnt notify anyone??? Please help.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 8 years ago.
-Could you explain your situation a little more?

the bank needed to serve a judicial notice to the homeowner prior to the sale, their are two possible ways to stop the foreclosure, one is to hire an estate attorney to file an emergency order with the probate court to stop the sale due to the fact your friend is an heir to the house.

also, a chapter 13, bankruptcy should stop the sale, the house is his, if it is on the deed, also, the bankruptcy petition asks list all properties the debtor has an interest in, he should list this property and make sure he lists the foreclosure case, if he is the owner through the WILL l he would have standing to file a chapter 13, to stop the sale.