Inherited a home in foreclosure
You inherited a home. It is behind on payments.
The loss is still fresh. Now there are notices in the mail. The loan did not end with the person you lost. But you have real choices, and time to make them.
First, a few true things
Grief and paperwork do not wait for each other. So start with what is true. The loan on the home did not end. It did not die with your loved one. Someone still owes it. For now, that weight has landed on you.
The clock can keep running during probate. A Notice of Default starts it. By law, at least three months pass before a sale can be set (Civil Code §2924). A Notice of Trustee's Sale then goes up at least 20 days before any auction (§2924f). So it is at least about 110 days from that first notice. It is often longer. This is education, not legal advice.
You are likely allowed to speak with the loan servicer. Federal rules generally let an heir ask about the loan. The details vary by loan and by state. So confirm this with a lawyer. But in most cases, you can pick up the phone.
Who is allowed to act?
Here is the first real question. Who has the right to act on the home? The answer is not always you alone. It depends on how the estate was set up.
There are a few common paths. The home may go through probate, a court process. It may sit in a trust. Or it may pass by a transfer-on-death deed. Each one names who can sign and decide.
This is why a probate or estate lawyer is the true first call. Not us. A lawyer tells you who holds the authority. They tell you what you can do today, and what must wait. Get that answer before you sign anything.
Talk to the loan servicer
Once you know your standing, tell the loan servicer. This is the company you send payments to. Let them know the borrower has passed. Ask to be noted as the heir on the file.
Then ask a simple question. What are my options as an heir? They may explain how to take over the loan. They may lay out ways to catch up. Write down names, dates, and what you are told.
If your goal is to keep the home, put three calls first. Your loan servicer. A HUD-approved housing counselor, free, at hud.gov/findacounselor. And a lawyer. They guide the keep-it path. We do not.
Your paths, and where we fit
Broadly, three doors stand open. You can keep the home and catch up on what is past due. That right to catch up runs until five business days before any sale date (§2924c). This path routes through your servicer, a counselor, and a lawyer. This is education, not legal advice.
You can sell. A sale can happen even during probate, though a court process is sometimes required first. Your lawyer will know which applies to you. A calm, open-market sale often serves the estate better than an auction. If the loans are larger than the value, a short sale may fit. But your lender must say yes. That call is theirs, and never a sure thing.
You can also let the home go to the auction. That is a real choice too. Just price it out first, with clear eyes, before you default into it by doing nothing. Every heir deserves to choose on purpose.
When selling is the right fit, this is where we help. We give you a grounded value. We can market the home quietly, with no yard sign if you prefer. And we coordinate with the estate's lawyer, so the sale and the probate move as one. Financing questions route to WCA Mortgage Brokerage.
Frequently Asked
Your questions, answered.
You did not sign the loan. So you are not personally on the hook the way the borrower was. But the loan still sits against the home. If it goes unpaid, the lender can begin the foreclosure process on the property. To act on the loan, you first need authority through the estate. A probate or estate lawyer can tell you where you stand. This is education, not legal advice.
Talk It Through
One free, private call.
Tell us where things stand. We will walk you through the clock and the choices still open to you. If your best move is your lender or a housing counselor, we will say so. No pressure. No obligation.
Call Gay-Lynn — 562-858-7065Gay-Lynn Chavez, CA DRE #01433767 (eXp Realty of California, Inc.), and Louis Chavez, CA DRE #01949822, NC #363738 (eXp Commercial of California, Inc.) — Chavez Group / LC Commercial Invest Group. Francisco Williams, CA DRE #01979442, NMLS #1858674 — KW Commercial Beverly Hills / Williams Capital Advisors. Information on this page is educational and not legal, tax, or financial advice.