What happens in a foreclosure when a property owner dies?

Often times foreclosure proceedings are filed against real property when the titleholder has passed away. In such cases, unless the titleholder held the property jointly with rights of survivorship or by the entireties, the title to the real property passes to the titleholder’s beneficiaries. Consequently, these beneficiaries become indispensable parties to the foreclosure proceedings. For instance, in McCranie v. W.R. Grace & Co., 237 So. 2d 79 (Fla. 4th DCA 1970), it was held that title to the real property passes to the titleholder’s beneficiaries, making them indispensable parties to the foreclosure.

Furthermore, if probate proceedings have commenced for the deceased titleholder, the personal representative of the estate is also a necessary party to the foreclosure proceedings. Even if the titleholder passes away after the foreclosure action has commenced but before final judgment, the proper parties must be substituted as indispensable parties. For example, in Floyd v. Wallace, 339 So. 2d 653 (Fla. 1976), it was determined that the personal representative of the estate is a necessary party to the foreclosure proceedings, even if the titleholder dies after the action has commenced but before final judgment.

Top Ormond Beach Foreclosure Defense Lawyer

When it comes to foreclosure defense, hiring an experienced attorney is a big decision. Andrew J. Pascale, a foreclosure defense lawyer in the Ormond Beach, can give you valuable insights and advice. Give Andrew a call at 877-667-1211 to chat about your case. Just remember, this blog isn’t legal advice, and it’s just here to show you what’s possible.