[WSBAPT] Lender not accepting Lack of Probate Aff

[Jim Doran]

This lender not accepting "Lack of probate Affidavit" has come up a few
times.  I have often wondered about the effectiveness of such an
Affidavit.  I may be "old school" on this but isn't the chain of title much
more solid with a Personal Representative Deed though probate?  And, if
timing matters, there is no requirement for the Notice to Creditors and the
four month waiting period.

In my "old school" opinion, I think title companies like the Lack of
Probate Affidavit so they are willing to guarantee on that.  But the best
practice is the PR Deed.

Jim Doran


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Tue, Jul 18, 2017 at 11:21 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I'm not sure transferring ownership will solve the problem. Garn St.
> Germain Act prevents lender from foreclosing on someone who inherits a
> property, so I don't know what the lender is balking at. If heir just keeps
> sending in payments, there shouldn't be an issue. Or does the heir need to
> talk to the lender for some other reason?
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Michael Atkins
> *Sent:* Tuesday, July 18, 2017 9:24 AM
> *To:* PROBATE -REAL PROP SECTION
> *Subject:* [WSBAPT] Lender not accepting Lack of Probate Aff
>
>
>
> All:
>
> 2004, Small estate so Atty used Lack of Probate Aff .  New lender is not
> accepting heir as owner. Does he need to open probate and QC to self?
>
> Thanks
>
> Mike
>
>
>
>
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