Asked in Foreclosure and Probate for South Carolina

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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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Crossville, TN

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

D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

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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