[WSBAPT] Bank not recognizing Administrator , wants "Successor in Interest"

[Diane J. Kiepe]

Peter,

Institutions can be so frustrating.  Is the spouse by chance the beneficiary of the home and will he be able to afford it?  It doesn't sound at all like the bank is operating in a way they are allowed however I have learned the hard way that those preprinted documents (especially if older) have some odd provisions.  I would be tempted to have another bank call for a pay-off number and refinance elsewhere - from a practical perspective this may get you to where you need to be.  I can't imagine that a bank wouldn't speak to another bank.

Second thought is to have client carry in a threatening letter from you with citations to RCW indicating what an Administrator has the power to do if time permits but it sounds like things are moving close to foreclosure. I would send copies to the home office, attention: legal and I would mention any proper citations to attorney fees, etc. etc.

Third thought is a TEDRA Action and set for hearing on the merits for the 20 days or whatever it is and maybe see if you can get a temporary injunction to delay foreclosure.  There is no reason for the bank to not recognize the letters of admin.....unless someone out there has something to share that I have not come across.

I would love to hear how it works out.  Again, I can not think of any legal authority that can allow the bank to make this demand -


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Peter D. Haroldson
Sent: Thursday, August 13, 2020 11:43 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Bank not recognizing Administrator , wants "Successor in Interest"

Administrator of intestate estate (surviving spouse) with non-intervention powers trying to do loan modification for estate real property (purchased prior to marriage, if that matters) to avoid foreclosure.

Bank has copy of order appointing and copy of letters of admin, acknowledges he is administrator, but refuses to discuss the matter with him or transact a modification until he "gets his status changed to successor in interest".

Any insight as to how to deal with this?

Peter D. Haroldson
Torres & Haroldson, PLLC
PO BOX 530
Maple Valley, WA 98038
Email: peter at torresharoldson.com<mailto:peter at torresharoldson.com>
Facebook: fb.me/torresharoldson<https://fb.me/torresharoldson>
Phone: 425.458.3170

Our office is located at 22520 SE 218th Street, Maple Valley WA 98038.  Please send mail to PO BOX.

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