Expert: Alexander J. Hay - 3/10/2005

Question
I am a "expert" over in, heating & air conditioning. My question, in general. When an estate in in probate, I assume all transactions of the estate work with-in the probate system. A home loan ($22,000 on a 250,000 house)(my brothers estate, I am the executor)(only two survivers, my 2nd brother & me). The bank wants to "forclose" on the house, now (quickly)(60 days).  With out using my money or borrowing, can I go to the court and make the bank deal in probate system?  When I spoke with them they said, unless we are told otherwise, we are forclosing. I am doing this my self. Thanks

Answer
I think you are making a mistake "doing this my self".  You don't understand the system, and you don't have enough time to learn.  If there were no problems, I would advise you to go to the library on your off hours and immerse yourself in the law.  But even if you were willing to do that, you don't have time.

Get a lawyer's help.  Most states do not allow a mortgage company to foreclose on a deceased estate's house as long as the mortgage is being paid.  Now if you failed to pay the mortgage, they will foreclose.

At that point you only option is to sell the house before foreclosure and pay the mortgage off, start paying the mortgage and try to work something out with the mortgage company if you are behind, or file bankruptcy in order to stop the foreclosure and give you time to pay the mortgage.

NOTE:  every single option involved paying the mortgage.  You left this item out of your description so I suspect you don't want to pay, or just cannot pay.  If you want to keep the house, you have to pay.