[WSBAPT] Interesting Problem

[Robert Maxwell]

I have a PC that was divorced about 7 years ago and as a part of her divorce decree the house her and her ex-husband owed together was awarded to her ex-husband on the condition that he refinance the house under his name only.

Recently, the ex-husband passed away and PC just found out that her name was never taken off the mortgage and that her ex-husband had been behind on the mortgage payments on the property. She found this out when she had a credit check done and noticed that her credit was taking a hit from non-payment on the mortgage.

She wants the divorce decree enforced and her name removed from the mortgage; the issue is that there is no party to bring a CR 70 motion against since the ex-husband is deceased and no probate has been initiated.

I am a newer attorney and have not encountered this problem yet. Has anyone dealt with a this problem that is willing to discuss possible solutions to get her name off the mortgage and enforcement of a divorce decree when the party to bring the action against is deceased and no probate has been initiated?

Thank you in advance!

Robert D. Maxwell
Attorney at Law
The Moultray Law Group
www.Moultray.com<http://www.moultray.com/>
11661 SE 1st Street
Suite 100
Bellevue, WA 98005
Phone: 206-777-1435<tel:206-777-1435>
E-Mail: robert at moultray.com<mailto:Josh at Moultray.com>


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