Property in probate sold at auction; who owns it?

This is a discussion on Property in probate sold at auction; who owns it? within the Mortgages, Refinancing, Foreclosure forum, part of the Buying & Selling Property category; Hi, thanks for helping. My brother-in-law's mother passed away about a year ago (California) without making a will and he's ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Mar 25th, 2011, 12:44 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Property in probate sold at auction; who owns it?

Hi, thanks for helping. My brother-in-law's mother passed away about a year ago (California) without making a will and he's the only heir to her property. He's living in the house but let the mortgage slide, and the bank foreclosed and sold it at auction in January. According to the court, however, this is an illegal sale because the property had not gone through the probate process. If indeed the auction sale was illegal, does the auction buyer get his money back? Is the property owned free and clear by my brother in law? What happens?
  Reply With Quote
Sponsored Links
International Law Issues?
Old Mar 25th, 2011, 02:54 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 12,915

Default Re: Property in probate sold at auction; who owns it?

I wish to inform you that if the house has been sold then court order may be taken to regard the sale as void. In this as the process taken by bank is not correct therefore bank can be held liable to compensate the buyer. The bank can foreclose property only legally and any sale without following provisions of law is a void sale and is therefore a nullity. In this the court order that sale is void may be taken and property ownership may be taken by legal heirs. The buyer of the house is not having any title from a void sale but can have compensation from bank for unjust enrichment taken by bank.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 25th, 2011, 03:09 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Property in probate sold at auction; who owns it?

So, if the auction sale is null and void, does the bank still own the title, or is the title now free and clear for the living heir?
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 2 replies and has been viewed 1107 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Florida rental home sold at auction; new property owner wants to evict opmjrwag Landlord vs Tenant Issues 2 Aug 11th, 2011 12:09 AM
Who owns the property? (not sure if U.S. law applies) sweetbadgirls66 Landlord vs Tenant Issues 1 Jul 16th, 2011 01:30 PM
Sold an item via auction site, but buyer refused to pay after getting the item Andras Debt Collection 1 Jan 26th, 2011 12:41 PM
A SALE DATE FOR AUCTION ON MY PROPERTY Leonidas Mortgages, Refinancing, Foreclosure 1 Apr 5th, 2007 11:34 PM
Issue of land in family; The son owns 49% of the gravel pit and the dad owns 51%. Unregistered Wills, Trusts, Estates 0 Nov 24th, 2006 04:04 AM


International Law Issues?


All times are GMT -5. The time now is 09:57 AM.