After more than twenty years of marriage, an East Texas woman experienced the sudden loss of her husband. Just a few months later, she faced another devastating loss when her adult daughter also passed away. Jane had been living with her daughter in a home that her daughter had purchased a few years prior. As a result of this loss, Jane fell behind on the mortgage. The mortgage company scheduled the property to be sold at a foreclosure auction in March 2025. Just a few weeks before the sale, she turned to Lone Star Legal Aid (LSLA), where Managing Attorney Amir Befroui and Staff Attorney Lauren Masullo Martin of our Foreclosure Prevention Project stepped in to protect her rights.
“When Jane came to Lone Star Legal Aid, the lender refused to speak with her because she wasn’t listed on the loan,” said Befroui. Despite living in the home for years, she had no legal right to communicate with the lender, making it impossible for her to explore options to save her home. As she continued working, she drained her savings trying to keep up with mortgage payments, but it wasn’t enough. The lender set a foreclosure sale date for March 4, 2025.
“We helped her legally establish her right to inherit the property,” Martin explained. Once that was secured, they used federal mortgage servicing laws, including the Real Estate Settlement Procedures Act (RESPA), to force the lender to recognize her as a “successor in interest.” This recognition allowed her to formally apply for assistance with the mortgage and explore options to bring the loan current.
Once the lender acknowledged her rights, LSLA guided her through the loss mitigation process, which helps homeowners find solutions to avoid foreclosure. Amir and Lauren negotiated directly with the lender, successfully stopping the foreclosure sale and providing her with the opportunity to make an informed decision about her next steps.
“Our work is still ongoing,” said Martin. “We’re continuing to help her assess whether staying in the home or selling it is the best option for her long-term financial health.”
Understanding Mortgage and Inheritance Rights
Many homeowners are unaware that inheriting a home does not automatically transfer mortgage rights. For many homeowners, successor-in-interest rights are an essential protection, ensuring that family members who inherit a home can communicate with lenders and seek relief. Without legal advocacy, individuals in similar situations may lose their homes simply because they lack the proper paperwork. LSLA remains committed to helping clients navigate these legal issues, ensuring that families can maintain stability even after loss. Mortgage servicers often refuse to speak with surviving family members unless they are legally recognized as successors in interest. Federal laws like RESPA help protect these homeowners by requiring lenders to provide critical information and access to assistance programs.
If you or someone you know is struggling with homeownership after a loved one’s passing, Lone Star Legal Aid may be able to help. Visit www.LoneStarLegal.org to learn more about our services.
*Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
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