Property Finances Probate Foreclosure
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FAQ
For more than 100 years, Texas courts have consistently held that a properly conducted nonjudicial foreclosure within four years of a borrower's death is a perfectly legitimate sale. It is sufficient to pass legal title to the foreclosure sale purchaser.
Your Executor or court-appointed administrator is only allowed to use your estate account to pay off outstanding debts, as well as any debts that are acquired in the probate process. As far as your debts that can be paid off, this can include items such as: Remaining mortgages.
Under a judicial foreclosure proceeding, the lender files suit with the court to initiate foreclosure?typically after the borrower misses their third consecutive mortgage payment (also known as going 90 days past due on their loan).
Judicial foreclosure. This requires that the process go through a court where the borrower can raise defenses. Non-judicial foreclosure. This is done without filing a court action and is carried out by a series of steps, including required written notices under a "power of sale" clause in the mortgage or deed of trust.
This is a common situation that arises and a question that we get, as Houston probate attorneys. The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies. There are steps they should take before, or even after, the foreclosure.