[WSBAPT] Default Under DOT and Deceased Debtor

[Mike Winslow]

Paul, Suggest you call Karen Gibbon or Mark Rosenblum for advice. I believe
these situations require a judicial foreclosure, with publication of Summons
to the heirs at law.  I would also look at obtaining an order for immediate
possession based on abandonment.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, December 27, 2016 2:33 PM
To: wsbarp at lists.wsbarppt.com; 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Default Under DOT and Deceased Debtor
 
I am working with my local chapter of Habitat for Humanity and trying to
keep their legal costs down.  Debtor and volunteers put in sweat equity to
build a house.  Habitat sold house to Debtor and carried back two loans and
two deeds of trust.  Debtor is now deceased for several years and in
default.  Can't find Debtor's family and no one probated Debtor's estate.
House is vacant.  Should Habitat 1) foreclose on the deeds of trust and go
to a foreclosure sale (not sure how to do this against a deceased debtor) OR
should Habitat get itself appointed as a special/limited personal
representative and then, what?, sign a deed in lieu of foreclosure
transferring the property back to Habitat.  I like the probate route because
it would probably be faster and if Habitat uses the deed in lieu of
foreclosure, Habitat can keep the house in its inventory of affordable
housing.  Probably move the court for permission.  On the other hand, I
doubt we would be able to find relatives to give the Notice of Pendency
Proceeding.  Any guidance would be greatly appreciated.  
 

 
 
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