[WSBAPT] Reverse mortgage, death of parent, lack of probate and practical advice!

[Sarah Jael Dion]

Great thoughts, Richard and Katherine. So appreciated!

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
dionlaw.com

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On Mar 13, 2015, at 1:08 PM, Laird, Katherine <KatherineLaird at CenturyPacificLP.com> wrote:

> I agree with Heather but might go one step further. If you client wants some time to live there she does not need to call the bank at all.  The bank will do what they are going to do and don’t any prompt from your client to proceed with foreclosure.   That may buy her some additional time.  I assume she is getting her mother’s mail so your client will know when bank foreclosure actions are happening.
> Good luck,
>  
>  
> Katherine Kramer Laird 
> CenturyPacific, LP 
> Suite 1680 
> 1201 Third Avenue 
> Seattle, WA  98101 
> Ph. 206-757-8892 
> Fax 206-757-7890 
> katherinelaird at centurypacificlp.com 
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
> Sent: Friday, March 13, 2015 12:54 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Reverse mortgage, death of parent, lack of probate and practical advice!
>  
> Thanks, Heather! 
>  
> Sarah Jael Dion
>  
> Dion Law PLLC                                                                  
> 206-550-4005
> sarah at dionlaw.com
> dionlaw.com
>  
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 
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> On Mar 13, 2015, at 12:28 PM, Heather deVrieze <heatherd at westseattlelaw.com> wrote:
> 
> 
> I think your advice is sound and she doesn’t have to get out right away.
>  
> Heather
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image003.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com
> www.westseattlelaw.com
>  
> Click here to connect with de Vrieze | Carney on Facebook:   <image002.png>
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
> Sent: Friday, March 13, 2015 11:59 AM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Reverse mortgage, death of parent, lack of probate and practical advice!
>  
> Hello listmates!
>  
> I am debating how to advise a client in the following situation, and would be appreciative of thoughts/ideas from anyone with knowledge to share!
>  
> Client’s mother died at the end of 2014. Client recently hired me to assist her. Client has not opened probate. Client is a very nice woman, but is rather delicate in nature and is easily overwhelmed.
>  
> Client’s mother owned a condo where she lived with client, and where the client still resides. The mother took out a reverse mortgage, which became due upon her death. Client would like to buy the property back from the reverse mortgage company, but for a variety of reasons, has realized she will not be able to do so. The only asset in the mothers estate is the condo and it appears that the reverse mortgage is for more than the condo is worth. The reverse mortgage company will not communicate with me or my client because we do not have letters testamentary from the probate court.
>  
> The estate is insolvent, which means that opening probate would be especially $$ and would only benefit the reverse mortgage co. My client ideally would like a little more time to remain in the condo, but I don’t want her to run afoul of anything.I am thinking of advising her to (1) call the reverse mortgage company and tell them that they should go ahead and foreclose, and (2) just walk away from the whole situation without opening probate. Does anyone see a problem with that? If we go that route, may she just remain in the condo for a few months as the bank does what it needs to do, or must she evacuate ASAP?
>  
> Are there other suggestions for action my client could take? 
>  
> Thanks in advance for any ideas!
>  
> Sarah Jael Dion
>  
> Dion Law PLLC                                                        
> 206-550-4005
> sarah at dionlaw.com
> dionlaw.com
>  
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