All Forum Posts by: Bryson Owensby

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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.

Sorry. Assumed two sons for some reason. I meant everything the son is selling with his “everything must go” sign is half owned by other kid. Including I assume at least 1 car. But yes. You’ll need probate. Before that you can only talk. They don’t own anything yet. But try to do something before it falls to tax/sheriffs sale or foreclosure when deadbeat doesn’t pay any. Or it burns down without insurance if paid off. Good luck. 

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?

So they should both get half of everything sold and one is screwing the other out of 1/2 his inheritance? You could approach the married son with an offer on the house and to help get the property through probate. I assume live in son has probably raided the bank accounts and will forget to pay insurance/taxes etc. 

This sounds like a property that will most likely have to go through probate. You need to determine who is the rightful heir to the home. That is the decision maker. If that is the son, then money should be enough to motivate him. You could structure this creatively with him (sub2 and seller carry) or just offer cash.

If the heir is not the son, get in front of that person and begin negotiating with them. Getting the son out is not the part to focus on first. First, you must focus on who is the heir and getting this property moved along to probate.