[WSBAPT] Default Under DOT and Deceased Debtor

[Paul Neumiller]

Thanks to everyone who answered.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, December 28, 2016 9:08 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Default Under DOT and Deceased Debtor

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<mailto:Mike at winslegal.com>

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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