[WSBAPT] Mortgage in probate

[Maureen Wickert]

Look at the Garn–St Germain Depository Institutions Act for preemption on
mortgage's due on sale clause- see subparagraph (d)(5) or (6).

https://www.law.cornell.edu/uscode/text/12/1701j-3  

Mortgage cannot be accelerated by bank so long as payments are made. 

Very truly yours,
Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255
        Tukwila, WA 98168
       Phone: 206-859-5502
         Fax: 206-260-9005
     www.wickertlawoffice.com
       wickertlaw at comcast.net
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Barbara Byram
Sent: April 20, 2016 14:47
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mortgage in probate

Does that work for a daughter who is sole heir and receives the house?  She
wouldn't qualify on her own, but she can continue to make the payments.

Thanks,

Barbara J. Byram
Attorney at Law
Dussault Law Group
2722 Eastlake Avenue East, Suite 200
Seattle, WA 98102
Ph. Seattle:   206.324.4300 x114
Ph. Mercer Island:  206.324.4300
Fax. 206.324.3106
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, April 20, 2016 1:17 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Mortgage in probate

The mortgage doesn't have to be assigned, assumed or paid off. If the
surviving spouse receives the property, they can simply keep making payments
and no change is necessary.

Heather S. de Vrieze
Attorney-at-Law
de Vrieze | Carney PLLC
3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
heatherd at westseattlelaw.com 
www.westseattlelaw.com 

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Wednesday, April 20, 2016 12:51 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Mortgage in probate

In situations where mortgages were in the deceased spouse's name only, do
you normally get the mortgage assigned to the surviving spouse during
probate? In a 30-year mortgage, we don't want to have the probate open for
that long, there is no way to payoff the mortgage, and we can't get it
assigned to the surviving spouse because she has no income.

Any thoughts would be appreciated.

Thanks,

Jennifer Sohn

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