[WSBAPT] Denial of Secured Claim?

[Marcus Fry]

RCW 11 specifically states that secured creditors don't have to file claims.  However, failure to file a claim will result in a creditor not being able to pursue a deficiency judgment against the estate.  Thus, if improperly filed, you could reject, but I would hold off because it may cause confusion with the creditor and more expense to the estate in dealing with the confusion if there is sufficient equity in the property to pay the HELOC.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rebecca King
Sent: Monday, January 22, 2018 10:02 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Denial of Secured Claim?

Hi Listmates,

PR publishes Probate Notice to Creditors and provides actual notice to all creditors 30 days prior to the expiration of the 4 month creditor claim period.  The bank that has the HELOC (approximately $5,000) on the primary residence sent a creditor claim to our office, but the claim was never filed. The HELOC is a secured debt. Since this is a secured creditor, I presume that, even if I deny creditor claim, there will still be issues with title when the property is sold. Has anyone had success denying a secured creditor claim that was not filed properly?

Thanks in advance!

Rebecca King
Attorney

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