[WSBAPT] Language to hold-off Reverse Mortgage company post-death?

Philip N. Jones pjones at duffykekel.com
Mon Jun 7 07:14:58 PDT 2021


I agree with Roger.  My one experience is that the lender relaxed once the property was listed with a broker.
Phil Jones
Portland OR

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 853-1482 cell

On Jun 6, 2021, at 11:38 AM, Roger Hawkes <Roger at law-hawks.com> wrote:


Yes, Erin.  Foreclosure takes some time; many months, perhaps years if there is determined resistance.  If the actual intent of the heirs is to sell the home, then doing so before foreclosure actually occurs is pretty easy, in terms of timing.  What happens often is that the foreclosure process shows up of record and buyers will offer less believing this is a distressed sale; I don’t know how the current ‘sellers’ market’ impacts that; probably it depends on exactly where the home is.

I recommend engaging a real estate broker who is familiar with such foreclosures; at least  you and the heirs would get some reasonable advice about the property’s value and how to conduct the sale.  We can recommend someone if you want.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
<image001.jpg>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Erin Fairley
Sent: Sunday, June 6, 2021 11:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Language to hold-off Reverse Mortgage company post-death?

Hi Listmates,

It’s been awhile since I’ve dealt with a Reverse Mortgage hounding a family for immediate payment on mortgage with threat of immediate foreclosure. The family does intend to sale the home and company will be paid in full.

How have you dealt with holding off these companies?  Company is threatening foreclosure – doesn’t this usually take quite a bit of time?  Appreciate any advice you may have.

Thank you,
Erin


Erin Fairley / Attorney
erin at leschilaw.com<mailto:erin at leschilaw.com> / (206) 353-4625
Leschi Law, PLLC
121 Lakeside Avenue, Suite B Seattle, WA 98122
www.leschilaw.com<http://www.leschilaw.com/>

The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any use, distribution or copying of this e-mail message or any attachment to it is strictly prohibited.
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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Tom Garvey <tgarvey at haniganlaw.net<mailto:tgarvey at haniganlaw.net>>
Reply-To: Tom Garvey <tgarvey at haniganlaw.net<mailto:tgarvey at haniganlaw.net>>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Friday, May 14, 2021 at 4:38 PM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Lawsuit Recovery Distribution Provision

Hello Listmates,

Does anyone have or know where I can find precise language for a provision in a Will that allocates all of the winnings/recoveries from a pending plaintiff-injury lawsuit to a specific beneficiary? Should I cite the specific parties or cause no.? (John Doe v. Microsoft, for example)

I don't want it to become a specific/pecuniary gift that must be satisfied if the Testator uses some of the funds while they are alive, so there needs to be very strategic and careful language used.

Was just wondering if anyone has done something similar.

Thank you,


Tom Garvey | Attorney
Hanigan Law Office, PS
68 Main St. / PO Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 - fax


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