[WSBAPT] creditor claim

[Heather deVrieze]

I have always taken the statute to provide that secured debt can always execute against the property, but will be time barred as to any shortage unless the claim is properly presented as provided in 11.40.070.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Gilday
Sent: Tuesday, March 10, 2015 1:11 PM
To: WSBA RPPT Real Property Discussion Forum; WSBA Probate & Trust
Subject: [WSBAPT] creditor claim

Hello all -

Client and mother owned and lived in property together since 2000.  In 2008,, Mother had a judgement entered against her.  Her equity was much smaller than homestead exemption.  Mother died somewhat over 2 years ago.  No probate until now, and no collection efforts by Judgment Creditor.  My analysis: 11.40.130 says Judgment must be presented under 11.40.070, but there is "but" language after that.   11.40.051 requires creditor to present claim within 24 months after death, Aronson v. Murk (687 Wn2d 1) supports that a claim based on a judgment needs to be properly presented.

Client wants to get a loan to build soon and not wait until 2018, but the title report shows a judgment lien.  What I propose to do is open probate with no notice to creditors, but notify the judgment creditor that we believe their claim to be time barred, and if they file a claim it will be rejected.  If they sue, then we'll litigate, but otherwise they'll be barred.  Then we can get this off the title report.

This is worrisome in that if I am wrong, we have just woken the Judgment Creditor.   Thoughts?

As always, thank you all for your help,
--

Very Truly Yours,
Gregory L. Gilday
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
P.O. Box 249
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150310/43d23103/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7560 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150310/43d23103/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7108 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150310/43d23103/image003.jpg>