[WSBAPT] Lender wants court order in nonintervention probate

Dalynne Singleton dalynne at glgmail.com
Thu Aug 26 11:19:00 PDT 2021


It seems to me the lender has no authority to demand anything.  They are a secured creditor but your PR can sell the property and the lender will be paid off with the proceeds, I assume.
What is it you want from this lender that they are responding they need a court order?  Is it a short sale or in foreclosure?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Thursday, August 26, 2021 11:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lender wants court order in nonintervention probate

Hello everyone:
My client is the Personal Representative with nonintervention powers in a probate and is selling the decedent’s real estate. The buyer’s lender, Rocket Mortgage, is insisting on a court order authorizing the Personal Representative to sell the property. I have provided the court order appointing the Personal Rep. and granting nonintervention powers along with Letters Testamentary and a citation to the statute that states that nonintervention power include the power to sell real estate. Still the lender wants a specific court order. Has anyone else encountered this? It’s new for me. I’m looking for a fast and cost effective solution.
Thanks!
Margaret

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