Can the bank sell my property if no Administrator has been appointed?

Question

Before my father died , I was incorrectly added to the deed , “As Administrator” .  I have been working on obtaining Letters . The court appointed Administrator waived his rights as Admin and consented to allow me to become the Administrator.   I am now waiting for the Court to issue me Letters so that I can represent the Estate . The property is being foreclosed on .  Can the bank force a sale of my father’s property even when there is not a Court appointed Administrator?

Carl Nelson · Answer

It would be helpful to know where the property is, but generally a foreclosing lender will have the ability to substitute a party in the case of the death of a mortgagor/defendant.  Other relevant factors that would be helpful to know are whether the decedent owned the property solely or with a joint tenants and what stage of the foreclosure process the case is in.  Foreclosures in New York have several phases and there is some nuance to how a case moves from one to the next.  Regardless, you'd want to notify the plaintiff's attorney and the Court that there has been a death of a party if this has not already been properly done.  Like many legal matters that affect significant legal and financial rights, I would highly recommend you have both estate counsel as well as foreclosure counsel since there are a lot of moving parts.

Bonnie Lawston · Answer

The bank has to follow certain procedures to obtain a judgment and the deed.  It depends on the jurisdiction.  The bank can petition the court as a creditor for appointment of an administrator and certain relief.

Q: Can the bank sell my property if no Administrator has been appointed?