Q: My mom died intestate and no creditors filed a claim, 4 yrs later a foreclosure was filed. Does the 1 yr bar apply?
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A: The lender cannot make a claim against your mother’s estate for any deficiency, but the lender can still foreclose if the payments are not being made.
D. Nathan Davis agrees with this answer
A:
If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.
Be sure to have a lawyer look at the mortgage and the lawsuit to make sure that it is being done properly.
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