Legal Question in Real Estate Law in South Carolina

Foreclosure of Property of Deceased Father

My father passed away in April 2005. He took out a mortgage on his house in 1998. The mortgage company has sent us a notice of forclosure and listed my sister and myself as defendents (heirs) of his estate. We are to respond to them in writing in 60 days with our answer to the complaint. I get that they are trying to collect the monies owed. What do we need to do to let them know that we have no interest in the home and they can forclose, but we are not responsible for any left over debt owed to them?

Asked on 1/21/05, 6:54 pm

2 Answers from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Foreclosure of Property of Deceased Father

In South Carolina, if a suit is properly served and there is no answer, it becomes a default and the relief sought is normally awarded to the plaintiff without any further action on the part of the defendant.

In South Carolina, the title to the property passes to the lawful heirs at the time of death. If you are the lawful heirs, you may be proper parties to the suit. I would consult an attorney.

You are correct, the company just wants to get its money repaid and if the heirs do not pay it, then the house will be sold to repay the debt. To insure that you do not have any personal liability, consult an attorney.

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Answered on 1/22/05, 11:58 am
David Slater David P. Slater, Esq.

Re: Foreclosure of Property of Deceased Father

They must sue the Estate, not you.

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Answered on 1/21/05, 11:03 pm

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