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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117359
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My Mother just died and she was two payments behind on

Customer Question

My Mother just died and she was two payments behind on mortgage, and just found out her insurance was cancelled. can not afford those two payments but want to save house, they said will start foreclosure process nov. 1st. what do i do
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to hear of your situation, but unfortunately there are only a couple of options. First, if you open probate (if you have not done so already) and put the house into the probate, this will stop the foreclosure until probate is settled in order to give you time to gather assets and make arrangements for the heirs to refinance the home in the name of the heirs. If the house is the only asset and there are no other assets, then I am afraid the heirs are going to have to come up with the money to pay it current and then through probate will have to refinance the house.
I know this is an emotional time, but it may be extremely helpful to get a local probate attorney if you have not yet done so to file probate and notice the creditor to delay foreclosure and then give you time to gather yourself and make a plan to save the house.
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