New York, NY asked in Real Estate Law and Probate for New York

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

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?

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2 Lawyer Answers
Carl Nelson
Carl Nelson

A: 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.

Daniel Michael Luisi agrees with this answer

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Bonnie Lawston
Bonnie Lawston
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: 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.

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