InnoVest's Foreclosure Forum
Ward takes the stairs.

InnoVest Resource Management's

Foreclosure Forum


Discussion Board

"Hands-On" Training

Title Holding Trust

Annual Reunion

Speaking Schedule


Foreclosure Fundamentals

Code References

Recent Legislation

50 State Foreclosure Basics

Foreclosure Glossary

Foreclosure Statistics

75+ Yrs Interest Rates

Fillable Forms

Archived Articles

Dingbat Retirement Plan



Contact / Map | Priceline Tips

About Us



Innovest Resource Management BBB Business Review

Debtor's death doesn't deter a foreclosure

March 13, 2016 05:59AM
Going to a Trustee Sale however I happen to know the owner is deceased. I confirmed this by pulling a copy of the death certificate. He originally purchased the property as "Married as His Sole and Separate Property". I do not think the Trustee knows he is deceased. If I buy the property at Trustee Sale can the heirs come back on me? Thank you in advance for any insight on this situation. Mattie


The foreclosure process is a method, set out by state law, that permits a creditor/lender to sell their borrower’s collateralized real property to pay off the balance of the lender’s loan any time it becomes seriously delinquent.

While an adult is alive, and in possession of their cognitive abilities, he/she is in control of their estate. When a person dies everything he/she has a pecuniary interest in automatically devolves to their estate.

Since their estate survives their death, so does any property in their estate, along with any liens that are still attached. If a delinquent mortgage isn’t dealt with in a timely fashion by an executor or administrator of the estate, it will lose title to the property via a foreclosure action.

Thus the right to foreclose is not conditioned upon the continuing life of the borrower, and the heirs thereto have no special protection from the foreclosure of the estate’s unpaid real property.


Subject Author Views Posted

Trustee Sale but the Owner is deceased

Mattie 4155 March 10, 2016 08:38PM

Debtor's death doesn't deter a foreclosure

Ward-CA 2282 March 13, 2016 05:59AM

Sorry, only registered users may post in this forum.

Click here to login

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction. Read our privacy policy.

Copyright © 1997-2023, InnoVest Resource Management

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455