If a homeowner died 5 monhs ago and their estate has been through probate but the lender did not make claim during probate, can they foreclose on property now?

Asked on September 13, 2012 under Real Estate Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the lender who is presumably a secured creditor for a loan on the deceased person's home does not have to make a creditor's claim as to the probate of the deceased. Rather, if payments for the home are not being made, the secured creditor can simply foreclose on the security.

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