Q: How can probate stop foreclosure and allow time to sell my house in NY?

A: The only way to stop the foreclosure is to file for Chapter 13 Bankruptcy and seek a loan modification through the Bankruptcy Court's mortgage modification program. I have saved a significant number of my clients from losing their homes that way. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may well be in need of a bankruptcy. (Based on how you phrased the language, it sounds like you may be referring to a 90-day pre-foreclosure notice.)

There are a number of ways to deal with a mortgage loan in default in the foreclosure process, which starts with a mandatory mediation called a foreclosure settlement conference. In addition, if the estate was not named as a defendant, New York law requires the action to be stayed until the proper parties are named. I would strongly suggest you contact an attorney who has experience in both foreclosure defense and bankruptcy practice as you will want to properly assess your options.

A: Nothing in the probate process allows for the stay if a foreclosure. You may want to consider filing bankruptcy, which will stay the foreclosure action.

A: Losing a loved one is already overwhelming, and dealing with foreclosure on top of it can feel impossible. Since you are in the process of becoming the executor, you have legal standing to act on behalf of the estate. Filing for probate can put the foreclosure on hold because the court recognizes that the property is part of the estate, and creditors—including the mortgage lender—must follow probate procedures before taking action. Notify the lender immediately and provide proof that probate is underway to request a delay. Courts often grant time for estates to settle debts, which can give you breathing room to sell the house rather than lose it to foreclosure.

While the probate process plays out, you can explore selling the home to pay off the mortgage before foreclosure happens. A well-priced home in New York’s market can attract buyers quickly, and a probate sale may be an option if the court allows it. If necessary, you can ask the court for permission to expedite the sale, especially if foreclosure is imminent. Keeping open communication with the lender can sometimes lead to temporary forbearance or a loan modification, which may help avoid foreclosure while selling.

If financial pressure is extreme, bankruptcy could be a tool to stop foreclosure and reorganize debts. Chapter 13 allows you to create a repayment plan, while Chapter 7 could eliminate unsecured debts, making it easier to handle mortgage obligations. Filing bankruptcy triggers an automatic stay, which legally halts foreclosure while you assess your next steps. Time is crucial, so reaching out to a legal professional for guidance on probate, foreclosure, and bankruptcy together can make a difference. You’re not alone in this, and there are paths to keep control over the situation.