Fresno, CA asked in Foreclosure, Real Estate Law and Probate for California

Q: Complicated pobate situation.

Hi, I am buying a house that is in probate. Owner of house is passed away and wife is selling house as administrator of the estate. She is not on the title because they were married only a year before his passing. We of course have a time sensitive escrow and must close by July 26th or it will go to auction. We are right on schedule and just got the clear to close (about to sign final docs) when the seller got the demand from title stating there was and additional loan modification done about a year prior to her marriage which she never knew of. This loan mod was for 75k. We are buying the home for $280k (the exact appraised value of the house). Title now will not insure the home until debts are paid. We don't know exactly how much the seller owes now but it looks like the odds are probably not in our favor. We are already half way packed and spent our hard earned money on appraisal, inspection, etc. What are our chances of still being able to close escrow and keep house?

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Your question may be confusing differing probate procedures for sales. If the administrator has the right authority, and the sale does not go through, you may be able to recover damages from the estate. You need a consultation with a probate/real estate attorney.

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