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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117404
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In March this year, my biological father who lived in Illinois

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In March this year, my biological father who lived in Illinois passed away, leaving me (state of Texas) as executor of his estate. Due to court process, it was not until the month of May that I received my letters of office.
His mortgage and checking accounts were tied to the same bank. Upon his death, th3 bank emptied his checking and applied it toward the mortgage, apparently called a Right of Set Off. Now, I am being told foreclosure proceeding will begin the 1st of August unless I make the payments. I spoke with the bank and informed them of my wishes to sell the home as soon as possible. The amount of $ removed would have amounted to over a years worth of payments.
Is there anything I can do to prolong the foreclosure aside from making the payments?

Thank you.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Is the estate insolvent, in other words, does your father's estate have any more assets left to pay the mortgage? Is the mortgage the only debt the estate has?
Customer: replied 4 years ago.

Yes, this is the only asset to my knowledge. There are a few medical claims coming in. The remaining bbalance is approx. $15, 000.00 wwith approx. $60, 000.00 EQUITY.

Thank you for your question.

I am afraid that you have some recourse here to save the house from foreclosure and sell it, because the bank is doing this because there is low amount due and high equity so they think they can make out. First, I am afraid that because you are in Texas and this is being done in IL, you are going to need an attorney for that reason and some others as well. One other reason is that you cannot represent the estate pro se in a legal action, this is a legal action that needs to be filed in court so it requires an attorney to represent the estate.

What you would need to do first is file an objection to the foreclosure in that he bank has taken their money from the account for one full year's worth of payments and thus the foreclosure is now premature. The second step would be for the attorney to place the estate into bankruptcy if they can do so. The bankruptcy will stop the foreclosure process and would allow the estate then some time to put the house up for sale and to pay off the bank debt and stop the foreclosure that way.

These are your legal options if the bank will not negotiate with you and you do not want to continue paying the note until you sell the property, but they will mean you have to use an attorney in IL to get them filed and to stop the foreclosure so you can place the house up for sale.

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