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 Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7307
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Type Your Real Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

As life estate tenant in a private residence (which has an

Customer Question

As life estate tenant in a private residence (which has an outstanding mortgage) in the state of ND, is a bank required to give me written notification before repossessing via foreclosure? What rights for recourse do I have?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  KJL LAW replied 9 months ago.
Good morning.
Customer: replied 9 months ago.
Good morning to you too. Kindly address my question.
Expert:  KJL LAW replied 9 months ago.
Has any action been taken yet?
Expert:  KJL LAW replied 9 months ago.

I will let a North Dakota attorney answer this question.

Expert:  Irwin Law replied 9 months ago.

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.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.

Related Real Estate Law Questions