Can Foreclosure Continue Before the Rightful Heir Is Decided? | NC

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Q: What happens if an estate property is in foreclosure before the rightful heir is determined? A: A dispute over the will or heirship does not automatically stop a foreclosure. In North Carolina, probate and foreclosure usually move on separate tracks. The estate dispute may affect who has authority to act, but it does not erase the mortgage, cure the default, or prevent the lender or trustee…