How can I postpone this auction - Posted by Tim

Posted by Rick Harmon (CA) on February 11, 2006 at 23:06:09:

Brad’s post is very good, however, IFC won’t advance to an heir unless they can underwrite the deal with an open probate. I send many deals that I don’t want to IFC every month.

In this case, there may not be enough time to get much done, however. A good probate attorney that can talk mitigation vs. litigation with the lender might do the trick. Reality is that lender has every right to foreclose on secured loan.

This has been my primary business for over 16 years here in CA so I know your frustration. Lender won’t likely talk to anyone unless they have sufficient court authority to act as personal rep. of decedent’s estate.

You could either work out a deal with the heir to “pre-sell” the property subject to your assisting in chosing the attorney, etc. or have the heir assign his/her interest to you. Otherwise, the attorney will be advocating for the client, not you.

There are more land mines here than a dog kennel so be aware that there’s a lot to avoid stepping on (or in). Unknown creditor claims, will contests, bad heir days, they all come in to play if you see enough deals.

Joe Kaiser likes these plays and he’s a home boy in your State (Tacoma). You might track him down.

How can I postpone this auction - Posted by Tim

Posted by Tim on February 10, 2006 at 13:19:23:

House is scheduled to be auctioned within 20 days. Borrower had passed away and the house has not been in probate. What do I need to do to postpone this sale? The sole heir is willing and ready to cooperate with me.

This property is in Washington state.

Tim

Re: How can I postpone this auction - Posted by Brad Jester

Posted by Brad Jester on February 10, 2006 at 16:41:32:

Tim,
just did this myself. Only person that could get through to bank and get them to postpone was the attorney handling the probate. not even the sole heir was able to get thru to the bank. Contact them asap, if you wait until days before the auction, they’ll be angry and be less likely to help you out, since you waited so long.

Other way to do it, is call inheritance funding out of San Francisco. Only co. I know that does this. They’ll make an unsecured loan to an heir in probate to stop the foreclosure. They are very professional seeming (though never used them), not just some HML. Their only biz is loaning to heirs in probate. National company. Hope it helps.

Brad