[WSBAPT] Bank sending Executor bill for their attorney

Wed May 13 09:25:14 PDT 2020

No sale pending at all.

This was included in an invoice that stated the full pay-off amount:
Note Interest
Note Balance
Reconveyance Charge
AP Legal Charges

With a per diem rate after May 28, 2020.

*Brent Williams-Ruth*
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.Williams-RuthLaw.com/> / facebook
<http://www.facebook.com/bwrconsults> /

*As of July 1, 2019 - I began operating as the Law Offices of Brent
Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com
<http://www.Williams-RuthLaw.com> *

On Wed, May 13, 2020 at 9:09 AM Dalynne Singleton <dalynne at glgmail.com>
wrote:

> I have seen this when the mortgage payoff includes all sorts of attorney
> fees and charges when a sale as pending.  In order to close on the sale,
> all these additional fees had to be paid or no closing would occur.
>
> Did the bank accept the payoff amount as “paid in full” and now are
> asserting the executor owes attorney fees.  Were you just bringing the
> mortgage current or was it a payoff?  Did you have a payoff figure and pay
> it, only now to change and add attorney fees?
>
>
>
> This is a secured creditor so changes the arguments.
>
> *RCW 11.40.135 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.135>*
>
> *Secured claim**—**Creditor's right.*
>
> If a creditor's claim is secured by any property of the decedent, this
> chapter does not affect the right of a creditor to realize on the
> creditor's security, whether or not the creditor presented the claim in
> the manner provided in RCW *11.40.070*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>.
>
>
>
> Generally, if you haven’t rejected or accepted the creditor’s claim, you
> can accept it in the amount owed as a “partial” if the fees were included
> .  If you have already accepted, then you would ask that a satisfaction of
> claim be filed immediately.
>
> If you are forced to note a motion and hearing, then you will be demanding
> your fees in having to bring the motion under RCW 11.96A.  Keep in mind if
> you didn’t meet the 20 day requirement in RCW 11.40.080, the creditor can
> ask for fees but they would need a court hearing and now that the claim has
> been paid in full (obviously accepted), seems unlikely a motion to add fees
> for the creditor would be feasible.
>
>
>
> *RCW 11.40.080 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.080>*
>
> *Claims**—**Duty to allow or reject**—**Notice of petition to allow**—**Attorneys'
> fees.*
>
> (1) The personal representative shall allow or reject all claims presented
> in the manner provided in RCW *11.40.070*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>. The personal
> representative may allow or reject a claim in whole or in part.
>
> (2) If the personal representative has not allowed or rejected a claim
> within the later of four months from the date of first publication of the
> notice to creditors or thirty days from presentation of the claim, the
> claimant may serve written notice on the personal representative that the
> claimant will petition the court to have the claim allowed. If the personal
> representative fails to notify the claimant of the allowance or rejection
> of the claim within twenty days after the personal representative's
> receipt of the claimant's notice, the claimant may petition the court for a
> hearing to determine whether the claim should be allowed or rejected, in
> whole or in part. If the court substantially allows the claim, the court
> may allow the petitioner reasonable attorneys' fees chargeable against the
> estate.
>
>
>
>
>
> *Dalynne Singleton*
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
> 360.568.5065
>
> 360.568.8092  fax
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
> *Website:  www.glglawgroup.com <http://www.glglawgroup.com>*
>
>
>
> *Due to COVID-19, I am working remotely.  As a result, I cannot accept any
> physical messenger service at this time.  Please email all pleadings and
> agreed upon service documents to theresa at glgmail.com <theresa at glgmail.com>.*
>
> *In-person meetings are not possible at this time.  Email is the best way
> to reach me until further notice.  If you would like a telephone
> conference, please email my paralegal theresa at glgmail.com
> <theresa at glgmail.com> or dara at glgmail.com <dara at glgmail.com> to set such
> conference.*
>
>
>
> *Thank you very much and stay safe!*
>
>
>
> *LICENSED** IN WASHINGTON AND OREGON*
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Wednesday, May 13, 2020 7:48 AM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Bank sending Executor bill for their attorney
>
>
>
> A local bank, who employed their attorneys after the mortgage (that had
> been paid timely at 5.25% since 2003) was late because of the date of death
> and the amount of time to get the executor and estate account open - has
> sent the estate the bill for their attorney.
>
>
>
> I’ve never seen this before from any creditors claim. My executor is livid
> and I will be looking through statutes this afternoon that justifies this
> but wanted to reach out to the brain trust to see if anyone has taken this
> issue on before.
>
>
>
> Thank you!
>
> *Brent Williams-Ruth*
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC*
>
> Office/Scheduling Phone: (425) 830-5134
>
> Direct Mobile: (206) 889-7919
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrconsults> /
>
> *As of July 1, 2019 - I began operating as the Law Offices of Brent
> Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
> points of contact Brent at Williams-RuthLaw.com
> <Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com
> <http://www.williams-ruthlaw.com/> *
> ***Disclaimer: Please note that RPPT listserv participation is not
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