Foreclosure during probate?

[Bryson Owensby]

Have a property I’m looking at that’s in pre foreclosure in DFW. Contacted owner and she said it’s in probate. Is the lender able to foreclose during probate? Not sure how I should respond to the lady stating it is in probate even though it was listed for the foreclosure auction. 

Thanks in advance 

[Bryson Owensby]

Quote from @Ken M.:

Quote from @Bryson Owensby:

Quote from @Ken M.:

Quote from @Bryson Owensby:

Have a property I’m looking at that’s in pre foreclosure in DFW. Contacted owner and she said it’s in probate. Is the lender able to foreclose during probate? Not sure how I should respond to the lady stating it is in probate even though it was listed for the foreclosure auction. 

Thanks in advance 

Yes, they can foreclose during probate. Only the owner or some court appointed probate personal representative can sell the property. If you contacted the owner, how is it in probate?

 The property was previously owned by a married couple. The husband passed in 2023 and the home was transferred into the wife’s name in 2024 via an affidavit of ownership.

I contacted the wife as she is the sole owner via the CAD, and she responded that it has to go through probate. Not sure how that works since she is the only one on title via the affidavit?

It can vary depending on how it was deeded. But, if the deed has right of survivorship, I'm not sure what she is thinking. However, if they held it each in their own estate, that presents a challenge, but you can look at the warranty deed online and determine if she has the right to sell. Or open escrow and the title company will let you know.

This is general information and the property location and the deceased location play a role, but it's most likely that she misunderstands her rights on this one.

This is in Texas. The wife lives in the same town as the home.

Will look at county clerk to see what the deed has down. Thanks!