[WSBAPT] Denial of Secured Claim?

[nestor at pplsweb.com]

You would still need the HELOC lien (DT or Mortgage) released of record.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, January 22, 2018 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Denial of Secured Claim?

 

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>
[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 <mailto: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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