90 Day Pre-foreclosure Notice. Lender must mail you information on getting help at least 90 days before starting a court case.The Answer is your response to the Summons and Complaint and tells the court your defenses or reasons why the mortgage Lender must not win the case. They said because he died without a will and the estate isn't in probate court yet that they cannot accept payments. How do you buy a foreclosed home? The two common ways of buying a foreclosed home are through a real estate agent or through a public auction. If, during the probate process, the decedent's estate fails to make the mortgage payments the bank has the legal right to foreclose on the house. Orange County Tax Foreclosure Real Estate Auction. Bank needs to get a certain price or they will hold onto the home indefinitely. You won't be getting a "deal" in the current real estate market.