[WSBAPT] Lender wants court order in nonintervention probate

[Roger Hawkes]

If the loan has not funded, basically your client has to go to a different lender or comply with this lender’s requirements.  They don’t HAVE TO lend to anyone, in any practical sense.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Thursday, August 26, 2021 11:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lender wants court order in nonintervention probate

It’s the buyer’s lender who wants the order, apparently to clarify that the seller has the authority to sell.  There is no mortgage on the property.

From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, August 26, 2021 at 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Lender wants court order in nonintervention probate

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
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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