[WSBAPT] OFR lien recovery

[Mike Winslow]

So slightly different question: Is the OFR lien a Super Lien, that would
follow the property to the new owner, even though foreclosure is completed?
My research says "no". My understanding is the lien priority is based on
date of filing, so the first mortgage foreclosure wipes out any subordinate
liens, including OFR.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, November 20, 2019 2:43 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] OFR lien recovery
 
The bar stool advisors should not get paid anything for that adviceJ
Children are not liable for their parents' debts unless they guaranteed them
or were gifted assets and the gift arises to a fraudulent transfer to avoid
creditors.  
 
However, in this instance, no inheritance, no liability to the kids.
 
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 Mike Winslow
Sent: Wednesday, November 20, 2019 2:33 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] OFR lien recovery
 
Client's mom passed away, owning a house. The house does not have enough
equity to pay the 1st mortgage lender and the OFR lien.
If First Mortgage lender forecloses, is there any way OFR can make the
family pay the debt. 
There are no other assets; no non-probate assets delivered directly to the
children.
 
Kids have been told by bar stool advisors that they will have to pay the OFR
if the house goes to foreclosure. I know of no reason the kids would have to
pay mom's Medicaid debt.
Is there something I don't know?
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
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