How long can you stay in a property after a foreclosure?

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How long can you stay in a property after a foreclosure?

I was living in my mpother’s home with her, paying a few of the house payments and all of the utilities for the past few years. She passed away. I was told by an attorney that her Will is invalid. I’m the only child; her mother and brother are still living. I was told that there is a sale date for the foreclosure, it is very close. I wanted to see if I could stay in the house during the redemption period after the foreclosure. I have to find somewhere else to live and I also have to relocate several animals she had that were part of a rescue organization. I want to make sure I won’t be kicked out on the date it is sold.

Asked on March 31, 2011 under Real Estate Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not be kicked out on the day it was sold, but it could occur any time after that. As to the will being invalid, you should talk to a lawyer (one you hire) about whether the will was invalid or not. If you were an only child, then her belongings automatically go to you. Did the foreclosure occur yet? It doesn't appear from what you have indicated that the foreclosure occurred yet, so you need to verify that the foreclosure has not occurred yet. If there is no will, she died intestate, which means you take property according to your state's probate laws. Her estate will need to be probated, and you might be able to take the house at that point if the creditor doesn't do anything subject to the mortgage (i.e., you don't assume the mortgage). Check with an attorney in your state because your ability to keep the house/transfer to your name via a title change, act as administrator of your mother's estate, keep the animals and essentially have somewhere to live may all depend on your rights as the only child heir and the quickness of the probate action.


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