How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10277
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I need to know about the foreclosure laws on property of a

Customer Question

I need to know about the foreclosure laws on property of a deceased person. Should the loan have gone immediately into foreclosure at my mothers death or now 3 years later when the payments were not made. They have since been brought current, but I am told that it will remain in foreclosure anyway and the property must be sold in 120 days
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

Thank you for requesting me.

A death in and of itself does not cause a property to go into foreclosure. There is a federal act called the Garn St Germain Depository Act ( which was enacted to prevent relatives from losing their home upon the death of the deceased owner.

Basically, the federal law precludes the lender for accelerating the Due on Sale clause, which used to include death as a triggerring event. Now, the law provides that a relative may take over the loan without additional fees or refinancing, precisely to allow relatives to remain in the house.

A property only goes into foreclosure when it becomes delinquent. The personal reprsentative (ie executor if there is a will, trustee if there is a trust; personal representative if there is neither) is to make the payments while probate is pending.

A HUD consultant through the government can be reached here:

Most lenders will work with the interested parties to avoid foreclosures, particulary if the loan has been brought current.

Here is a link to locate an attorney:

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.