Legal Question in Wills and Trusts in Texas

Stoping from Forecloser
My brother passed away 3/9/07 I have filed an Affidavit of Heirship I have not yet received the certified document back from the court I was told by the clerk it should be mail to me within two weeks the death certificate has been received. However the time it has taken me to obtain these documents his Mortgage Company informed me that if I don�t have at minimum half the amount owed by 6/8/07 they will proceed with the foreclosure procedures. Although there is no history of my brother ever being delinquent on his payment for eighteen year he resided at his residents. Is there anything legal I can do to postpone or fight the forecloser process so that I can have a few weeks or perhaps a month to collect the necessary funds to keep the mortgage company from foreclosing on his house I am told I am in a very unique positions but is there anything legal I can?

Asked on 6/07/07, 11:52 am

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Re: Stoping from Forecloser

There are a few things you can do. First, I would see if there is some way to come up with the funds prior to the foreclosure date to get the thing reinstated through the bank. If not, see if they will agree in writing to postpone the foreclosure for a month or so if you come up with $x. Also, you should immediately have a probate lawyer see about setting up a temporary administration and possibly a temporary restraining order to prohibit the foreclosure until you can sort out what is going on with the estate. Time is not on your side. You can also check with your bank to see how quickly they can refinance the property for you. Have the bank contact the law firm handling the foreclosure directly, and hopefully they can work something out. Good luck.

Answered on 6/07/07, 12:27 pm

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