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If a parent dies while house in foreclosure?

Updated: 8/18/2019
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13y ago

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The executor of the estate represents the decedent.

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Q: If a parent dies while house in foreclosure?
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What happens if the person filing for foreclosure dies?

A person doesn't "file for foreclosure". A bank or other lender takes possession of property by foreclosure procedure after the owner (mortgagor) of the property has defaulted on the mortgage. The procedure varies in different states. If the mortgagor dies during the foreclosure proceeding the lender can continue the foreclosure process against the estate. The death of the mortgagor may delay the proceedings until the heirs have been given notice of the foreclosure, depending on how far along the foreclosure has progressed. If the mortgagee (lender) dies during the foreclosure proceeding their estate representative can continue the foreclosure once appointed by the court.


If there is no will and the step parent dies first the spouse inherits everything then dies with the natural child living in the householdbut there are children of the step-parent outside of the house?

If there is no will, the law normally splits the estate between the spouse and the natural children.


When a parent dies does the adult child who has been living in the parent's house for 9 years and is also one of two executors have any ability to limit access to the house to the other siblings?

It depends on who the home is willed to.


When a parent dies and there is no will and the mortgage is more than the house is worth who would be responsible for the mortgage?

The mortgage is the responsibility of the estate If the estate assets do not cover the debts, they distribute as best they can. If the court approves the distribution, the debts are ended.Another PerspectiveIn a title theory state if the mortgage isn't paid the lender will take the property by foreclosure.


What happens to the house if the wife who is the main source of income dies and the husband cannot afford the mortgage?

If the mortgage isn't paid the lender will take possession of the property by foreclosure and sell it.


Who becomes president if the president dies while in office?

vice president, & if he dies, the speaker of the house


When custodial parent dies does noncustodial parent get custody?

Yes, they do.


If a parent dies leaving the house to son who sells are the other siblings entitled to the funds of the sale?

No, the property was left to the son. What he does with it is his business.


What happens when one dies and they owe on their house?

When a person dies and still owes on their house, the debt typically becomes part of their estate. The estate will be responsible for paying off the mortgage using the assets left behind by the deceased. If the debt is not repaid, the lender may go through foreclosure proceedings to recover the amount owed.


If a deed to a house is put into a child's name and the parent dies is the house part of the parents estate?

There are a number of factors involved. Did the child buy it from the parent? Is it by right of survivorship? How long ago did the transfer take place? You will need to consult a probate attorney in your jurisdiction.


If a house is in a trust and the person that owns the trust dies and that house goes into foreclosure and there is no assets in the trust prior to foreclosure can they come after anything else?

The bank will take possession of the property. If the mortgage was granted prior to the property being transferred to the trust the bank may try to attach assets of the mortgagor/decedent for any deficiency. If granted by the trustee only the trust assets are vulnerable.


Are children responsible for their parent's debts when the parent dies even if you are power of attorney?

No