[WSBAPT] Negotiating DSHS Lien

[Roger Hawkes]

And a foreclosure sale will typically net far less than a fmv sale.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, March 24, 2021 6:27 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Cc: 'Mindy Davis' <Mindy at bellanddavispllc.com>
Subject: Re: [WSBAPT] Negotiating DSHS Lien

Heather,

He was hoping to negotiate a price lower than the total value of the house and pay that amount to DSHS in full satisfaction of its claim; he would like to keep the house.  However, I doubt DSHS wants to compromise its claim unless you can argue even if it forecloses its lien, there will be costs of sale.

Jeff

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 Heather de Vrieze
Sent: Tuesday, March 23, 2021 4:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Negotiating DSHS Lien

Jeff,

In no case will the recoverable amount exceed the assets remaining in the estate. Are you hoping to negotiate to keep the property for the PC, or for PC to keep some of the proceeds? The costs of the administration can be paid before DSHS gets paid, but sometimes that needs to be coordinated so escrow doesn't send the net proceeds to DSHS and can close despite the lien exceeding the sale price.

Heather

Heather S. de Vrieze
Attorney-at-Law
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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, March 23, 2021 3:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Negotiating DSHS Lien

Listmates:

PC's mother passed after having been on COPES for the last four years.  DSHS Estate Recovery is seeking return of over $117,000.  Mom's only asset is a paid off home worth approximately $70,000.00.  No probate is started.  Question is have any of you had luck in negotiating down on the DSHS claim (and lien) and if so, where do you start?

Jeff Davis
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