Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘My friend in California is separated from her deceased husband. Her name is on the house but not the loan. The house is in foreclosure but the bank won’t talk to her!’This is more common than you might imagine. The question is, who is the representative of the estate of the deceased husband? That is the person that the bank will talk to, and if nobody has been appointed
someone needs to be.
Question: If your friend calls the bank and explains that the debtor is deceased (a death certificate will help, here) and that they’re working toward getting someone appointed (if that hasn’t already happened), the bank may be willing to postpone the foreclosure for a time. It’s not a guarantee, but it’s certainly worth a shot.
