[WSBAPT] Estate Became Insolvent-Order of Payment-RP only asset

[Jayne Gilbert]

-- 
QP: does the mortgage company get the amount owing first? Or does the
Mortgage get paid off in the class of Secured Creditors?

Common sense tells me that the sale of the RP entails paying off the
Mortgage Lien so that the buyer takes the property free and clear of the
lien.

Also when the Declaration of Apparent Insolvency is presented to the Court
and the Creditors receive Notice-can the PR resign, quit or otherwise walk
away from the Case at this point/if so what kind of Declaration, Petition,
etc. does the PR present?

Or does the PR simply inform the Creditors of her intent to "walk away" or
does this require a Court Order?

Would your answer change if the PR lives in the house at present with the
Beneficiary's consent and the Mortgage Co. is initiating a foreclosure?

The PR is not a beneficiary or heir.

This is my first and hopefully, last Insolvent Estate.

Thank you very much for reading this request for guidance. I do appreciate
it
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
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