Ive got a possible short sale situation here. The borrower passed away and the HOA foreclosed on the house. HOA is willing to let me list the property. Now the bank is starting to foreclose. House is in a nice area. The borrower does not have any probate. The family says there were no assets or will and they dont mind me contacting bank but I think bank requires some probate paperwork amiright?

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If the borrower is deceased the bank will require an executor of the state. It may need to go through probate to get the document needed for the bank to work with you. There might be a way to do some sort of filing  to just obtain a document that will suffice without having to go fully through probate, but you'd need to ask a local attorney.

I hope this helps and let me know if you need anything at all.

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They do have a power of attorney from the borrower that was recorded before they passed. Do you think that will work? I may try and see. 

The bank's foreclosure notice was sent to the HOA since they are the owner now, there is no estate so nothing was sent to them. You were right the bank needed more than a POA . The family doesn't want to open a probate so it's a dead deal. I do appreciate your help though. 

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