house is under contract, then owner dies (with Will to daughter) bank has daughtger believing the process of sale is continuing but with a forclosure date and will not resend forclosure then forclosures on house without written notice to go to court. Is this legal?
Real Estate Attorney
There is not enough information in your post to give a precise answer. From the sound of your post, however, there was actual notice of the foreclosure date. Why didn't the third party sale go through and what, if anything, was done to stop the foreclosure and allow the sale to go to closing?
NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. It is for informational purposes only, not legal advice, in accordance with the AVVO terms and conditions. If a legal opinion or representation is desired, please seek independent legal counsel.
REQUEST: Please give this answer a "thumbs up" if you find it valuable.
Tom Gimer, Esq. -- licensed in DC and MD -- 202.556.4LAW (4529)
Real Estate Attorney
First, look to the agreement of sale -- is it binding on the "heirs, executors and assigns"? If so, the estate may be obligated to go forward with the third party sale, but if not the agreement may be 'dead' too. There may also be new foreclosure notice requirements on the lender because the owner is deceased; do not accept the lender's 'advice' without looking into it further. The lender has an interest separate and distinct from the decedent and from decedent's estate -- and the lender wants things to process quickly and easily for it.
It's not clear from your question you "you" are, but depending on your interest in the property (executor, beneficiary, third party buyer) you will want to talk with a lawyer before the foreclosure gets too much further down the road.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.