Foreclosure owner decreased - Texas

[Dustin Hood]

Hey guys, I’m looking into buying a foreclosure before it hits the auction in Texas. The owner is deceased, therefore the mortgage hasn’t been paid and is now foreclosing. He was divorced, and only his name was on the deed/mortgage. He also had no will. I’ve been in contact with a family member of his to get the info. He has a daughter who’s handling everything for him and he left her his 401k, but no one else was listed on the mortgage. The daughter is 23. Do y’all see any way of me being able to get this under contract before auction? Or is it impossible since he had no will?

Thanks!

[Ehsan Rishat]

@Dustin Hood This property will go into a process called probate. The court will decide what happens to the property and have an executor appointed to the estate. As there is no will the executor can sell off the house and pay off the mortgage debt, giving whatever is left to other beneficiaries or heirs. But, the process and outcome is very situational. You should try to get into contact with the executor of the estate to try and come up with a deal. 

Good Luck!