[WSBAPT] Insolvent estate & foreclosure

Thu Aug 30 11:28:52 PDT 2018

Is there a possible family support allowance anywhere? You refer to the
husband as the decedent. Assuming you have a spouse to protect, this is a
way to at least get her away from a deficiency judgment. 11.54.070. And if
you look at it logically (probably not Wells Fargo's strong suit on these
deals), then the only reason they wouldn't take a deed in lieu is to
preserve the right to a deficiency. Otherwise, what's the point (well,
besides institutional incompetence)? I spent three years on similar facts;
end result, Big Bank  not only had to take title from the Estate, they
violated the Orders for Family Support by repeatedly hounding the widow for
the note payment; and for their accumulated contempts, paid her over
$200,000. 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, August 30, 2018 10:59 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Insolvent estate & foreclosure

I was appointed the Administrator of an Estate for a man who died with a
mobile home in Belfair, two vehicles and nothing else.  I sold the cars,
attempted to fix the home, clean it out of a lot of clutter and repaired
some water/fire damage in the home making some small claims with the
insurer.  I listed the property for sale and received a short sale offer.
Wells Fargo is owed more than the home is worth after adding in all the
interest, penalties and $2k for foreclosure attorney fees for two years
since the death of the husband.  During the listing time, I received a copy
(no service) of a judicial foreclosure notice and contacted the attorney and
Wells Fargo about the short sale.

Long story short, Wells Fargo declined the short sale offer and indicated it
would only accept $255k which is the balance now owed.  I don't see any way
to get this much in a sale.

What do I do besides going to court and declaring the estate insolvent at
this point with a mortgage more than the home is worth and no assets other
than the home for any deficiency?

Wells Fargo had declined the short sale offer and offer of the deed in lieu.
I must be missing something in this scenario but given Wells Fargo
continuing with a judicial foreclosure, there are no monies for attorney
fees and as Administrator, I want to close the estate.

Once I get order of insolvency, can I continue with closing?

Last time this happened years ago, I just told the bank they could have the
property/house and I didn't have to do anything else but close the estate.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
accompanying it) may contain confidential information, including information
protected by attorney-client privilege. The information is intended only for
the use of the intended recipient(s).  Delivery of this message to anyone
other than the intended recipient(s) is not intended to waive any privilege
or otherwise detract from the confidentiality of the message.  If you are
not the intended recipient, or if this message has been addressed to you in
error, do not read, disclose, reproduce, distribute, disseminate or
otherwise use this transmission, rather, please promptly notify the sender
by reply e-mail, and then destroy all copies of the message and its
attachments, if any.

2018 WSAJ EAGLE Badge
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_re
dir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059
d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i
-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1
Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3
L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>
Rated by Super Lawyers    cid:image004.png at 01D3C4F1.0226B550
2014Member_Member

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180830/5fa4c548/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3805 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180830/5fa4c548/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1524 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180830/5fa4c548/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5410 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180830/5fa4c548/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 3912 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180830/5fa4c548/image004.jpg>