[WSBAPT] deed of trust in a probate

[Jenna Brozik]

Please disregard my last email.  What if you don’t have the original of the promissory note?


On Oct 21, 2016, at 9:22 AM, Mike Winslow <mike at winslegal.com> wrote:

> Jenna,
> The Promissory Note is a negotiable instrument, just like a personal check. Transfer is by “endorsement”, not by assignment. Example: Pay to the order of Jane Smith; by Jane Smith, Personal Representative of the Estate of John Doe Smith.
> This should be placed on the original of the promissory note, then original delivered to the recipient.
> If the original note is lost I can give you additional instructions about how to handle off list. If you have any other questions about this process, please call or email.
>  
> BTW, now is a good time to determine the status of the collection account. If a third party collection service is involved they will need to be notified of the change in owner of the note. If the decedent was collecting the note directly, then it would be wise to determine the status of principal and interest, check for missing payments, then verify this in writing with the borrower. This will avoid later disputes about pay off amount or balance in the event of default and foreclosure. Also recommend that if the account was being collected directly that your client consider moving the collection process to a service that has the proper software to track the installment payments and issue 1099s. Less expense than paying an accountant to prepare every year and less hassle than doing this by oneself.
> Shameless plug:
> http://incsnoteservices.com/
>  
> Mike
>  
>  
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. 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] On Behalf Of Jenna Brozik
> Sent: Thursday, October 20, 2016 12:21 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] deed of trust in a probate
>  
> Hello list mates,
>  
> This is the scenario:
>  
> The decedent died and left my client, his daughter, everything and also she was named the Personal Representative in his will.  The probate is currently open.
>  
> The decedent (the PR's father) had commercial property (land) in which he sold to an individual.  The sale was secured by a promissory note in which the individual paid some down but owed the remaining amount to her father.  There is a deed which transfers the property to the individual from the decedent.  The decedent also had a deed of trust in which he was the beneficiary and a title company was the trustee.
>  
> I am going to do an Assignment of Promissory Note to the daughter (the PR). It appears that I can also prepare an Assignment of the Deed of Trust based on the Carpenter v. Longan case.
>  
> Does anyone have an Assignment of Deed of Trust form or template and/or does anyone have any comments regarding this?
>  
> Thanks in advance,
>  
> Jenna Brozik
> Attorney at Law
> Prinz & Brozik PLLC
> 445 S Grand Ave
> Pullman, WA 99163
> (509)338-0908 / (509) 338-3527 (fax)
> jennaprinzlaw at gmail.com
>  
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