[WSBAPT] Any suggestions for dealing with a mortgage lender absent opening probate

Mon Mar 16 11:26:14 PDT 2020

I was involved in a case recently when all assets went into trust where a Notice Agent was appointed.  See RCW 11.40 & 11.42
I was representing a creditor / injured from MVA and decedent was tortfeasor.  I filed a creditor's claim and served the notice agent.
This might work for you.

The attorney in my case then opened the estate and appointed the notice agent as PR now...

RCW 11.42.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.42.010>
Notice agent-Qualifications.
(1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent's death substantially all of the decedent's probate and nonprobate assets, is qualified to give nonprobate notice to creditors under this chapter.
If no one beneficiary or trustee has received or is entitled to receive substantially all of the assets, then those persons, who in the aggregate have received or are entitled to receive substantially all of the assets, may, under an agreement under RCW 11.96A.220<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.220>, appoint a person who is then qualified to give nonprobate notice to creditors under this chapter.
(2) A person or group of persons is deemed to have received substantially all of the decedent's probate and nonprobate assets if the person or the group, at the time of the filing of the declaration and oath referred to in subsection (3) of this section, in reasonable good faith believed that the person or the group had received, or was entitled to receive by reason of the decedent's death, substantially all of the decedent's probate and nonprobate assets.
(3)(a) The "notice agent" means the qualified person who:
(i) Pays a filing fee to the clerk of the superior court in a county in which probate may be commenced regarding the decedent, the "notice county", and receives a cause number; and
(ii) Files a declaration and oath with the clerk.
(b) The declaration and oath must be made in affidavit form or under penalty of perjury and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person will faithfully execute the duties of the notice agent as provided in this chapter.
(4) The following persons are not qualified to act as notice agent:
(a) Corporations, trust companies, and national banks, except: (i) Such entities as are authorized to do trust business in this state; and (ii) professional service corporations that are regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys;
(b) Minors;
(c) Persons of unsound mind;
(d) Persons who have been convicted of a felony or of a misdemeanor involving moral turpitude; and
(e) Persons who have given notice under this chapter and who thereafter become of unsound mind or are convicted of a felony or misdemeanor involving moral turpitude. This disqualification does not bar another person, otherwise qualified, from acting as successor notice agent.
(5) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county or who is attorney of record for the notice agent upon whom service of all papers may be made. The appointment must be made in writing and filed with the court.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Monday, March 16, 2020 11:02 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Any suggestions for dealing with a mortgage lender absent opening probate

Hello Fellow Practitioners,

I'm trying to assist a client and if anyone has encountered a similar situation and/or any suggestions I would appreciate it.

Client is the named personal representative for an estate that is insolvent.  Estate has not been probated.  There are a number of medical bills, but the only significant asset, a house, was transferred into the decedent's trust prior to his death and thus is not property of the estate.  House is secured by financing and the lender will not communicate with the named personal represent who is also the trustee.  While the financing follows the property into the trust, the lender will not communicate with the trustee/ PR about the balance, due date, or payment amount and the trustee/ PR is concerned that opening probate on an insolvent estate to get the letters testamentary may be the only way to force the lender to communicate with her.

Does anyone have any insight, suggestions, advice, or guidance as to how to compel the lender to speak wit the PR/ trustee absent letters testamentary?

Thanks in advance!

Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

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