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Probate and Foreclosure: How we saved a house for the heirs.

I was approached by a young man whose grandmother had passed away a couple of years before. Having returned from military service, he moved into his grandmother’s empty home.

After he had moved in, he found papers posted at the house announcing a foreclosure sale. He talked to a real estate agent who, in turn, talked to a title company representative who recommended Asher Levin as an experienced Probate Attorney in the San Fernando Valley.

After the initial contact,  we agreed that I would approach his family and explain to them that this house had significant equity that could be saved (and divided among the heirs) if we filed for probate.  In the meantime, I contacted the lender, who was unable to locate its file (although I provided it with grandma’s name and social security number as well as the property address). The company handling the foreclosure sale refused to provide any information because no one had been appointed to represent the estate.

One of decedent’s sons agreed to serve as the court appointed Administrator of the estate.  Due to the scheduling of a foreclosure sale, we could not afford to wait the 30 – 35 days for a hearing on a permanent appointment. Therefore, we filed and obtained letters of temporary administration.  We were then able to: obtain the necessary information from the foreclosure company; cure the default; obtain permanent Letters of Administration; sell the house; obtain court approval of an accounting and distribute better than $160,000 to the heirs.

Without our experience as a Probate Attorney and our tenacity, this house would have been lost to foreclosure. .