[WSBAPT] Mortgagor Opening Probate in Spite of Recorded CPA

[John J. Sullivan]

Listmates:

I have a client whose mother had a reverse mortgage on the house. With mom’s death it is in default. It has been conveyed out to client who’s about to close on her own reverse mortgage to take out mom’s. 

Years before, dad died intestate. But there was a community property agreement that was recorded. Lender is aware, but says it’s title company doesn’t accept CPA’s as conveying clean title? What?

Seems to me lender’s petition to open intestate Probate is without jurisdiction because there is no property in the state to Probate. 

Thoughts? War stories?

Thanks, and Merry Christmas to all. 🎄

> Best regards,
> John J. Sullivan, 
> Attorney
>  
> Lyons |Sullivan
> 10655 NE 4th Street, Suite 704
> Bellevue, WA  98004
> 425·451·2400 tel 425-451-7385 fax
> www.dljslaw.com
>  
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