BiggerPockets

I'll bump this one. Can anyone help out here?

Thanks for the info. What you are saying makes sense. Are probate properties difficult to deal with? Can people buy them somehow before they go to open market?

I hope I have all the facts. But, I take it that the husband is not on the mortgage??? If that is correct..... First, send a letter to the lender explaining the situation along with a copy of the death certificate....do this to let the lender know about what has happen & that someone has interest in the home. Advise the lender on what you would like to do (pay the home off, assume the mortgage, do a Short Sale.....) and that you are trying to find legal help with probate. I'm saying to do this first because you don't want them to rush and send the file to foreclosure. Make sure you keep good contact with the lender in letting them know what is going on with your progress.

Now, if the husband can not afford a Probate Atty he can go to the State Board for your jurisdiction online and see if there is anyone doing pro bono work. If he can't find help that way.......try Pre-Paid Legal.

As suggested before........a Short Sale is usually done in this type of case. Ask the lender to send you there Short Sale Requirements. Try to collect as much documentation on the list as possible & include an Authorization to Release Information Form (you will not have the signature of the wife....but, write down her SS#, the Husbands SS# with his signature, property address, and loan number)....attach with that a copy of the death certificate & a copy of the properties last payment coupon..........this should be enough to get a file open for you and delay a Foreclosure Date from being set. Don't forget to stay in touch with the lender on your progress.

Thanks,
CTC Short Sales