[WSBAPT] Late Creditor' Claim

[Heather de Vrieze]

Last time I had something similar happen it was BECU. We rejected the claim with a nice cover letter citing Garn St. Germaine 12 U.S.C. ch. 3 § 226 and indicating that the loan would be paid in due time, that there was plenty of equity, and they couldn't force an early payoff.

Heather

Heather S. de Vrieze
Attorney-at-Law
de Vrieze | Carney PLLC
3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
heatherd at westseattlelaw.com 
www.westseattlelaw.com 



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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, September 17, 2019 8:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Late Creditor' Claim

Anyone have any ideas?
 

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, September 13, 2019 11:58 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Late Creditor' Claim

Listmates;  This is a new one for me.  H dies, W is PR and we probate H's Will.  During probate, W/PR goes to local bank and gets bank to transfer an existing secured home equity loan in H's name into her name.  She also hand-delivered a Notice to Creditor's to local branch of bank.  We closed probate months ago and I filed a Withdrawal of Attorney.  The two year statute expires in late December, 2019.  So, today I received a creditor's claim from the bank and an online review of the probate file indicates they also filed the creditor's claim with the court.  The loan is not in default. W has it set up so automatic payments pays the monthly bill on time.  W intends to continue paying off the loan and is not interested in challenging or rejecting the creditor's claim. 

What should I do, if anything?  Technically, I am no longer the attorney of record because I formally withdrew when we closed the probate.  W has not received the creditor's claim in the mail (not yet).  Should we just wait until after the 2 year statute has run, but does it really matter since W intends to pay off the loan and the loan is not in default.  So, the receipt of a creditor's claim months after we have closed the probate for a loan that is not in default and not being challenged have any legal effect?  I am inclined to do nothing and instruct W to do nothing but keep making the monthly payments.  




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