Mom died, no will and I received a summons for foreclosure of mortgage. Can I negotiate the payoff amount ?

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Mom died, no will and I received a summons for foreclosure of mortgage. Can I negotiate the payoff amount ?

My mother passed away 2 years ago. No will. March 2017 I was served with
papers.. ‘count 1 foreclosure of mortgage’ I requested the payoff amount, which
is loaded with late fee’s and legal fees. I want to acquire the property. Can I
do this without doing probate?
And is the payoff amount negotiable? The house is in unlivable conditions and
needs a lot of work.
And.. trees have been cut down, and part of the fence in the yard removed who is
doing this? is it legal?

Asked on February 9, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

After the bank forecloses, you can try to buy it at the foreclosure sale or auction, or if the bank itself purchases it at the sale/auction, you can then contact them and try to negotiate a private sale directly to you. However, until that happens, you can't do anything:
1) You are not the owner of the home or the mortgagor (person who took out the mortgage) and have no right to pay off the mortgage.
2) Even if you did pay off the mortgage, that does not affect ownership: paying the mortgage does NOT automatically make the payor the owner. You have to acquire title some other way, such as by inheriting it (if you are the person who would inherit), buying it from your mother's estate (which means going through probate), or--as stated above--buying it after foreclosure.


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