[WSBAPT] Bank Assessed Fees for Creditors Claim

[Natalie Kuehler]

Hello all,

You may recall two months ago I had a loan servicer file a creditor’s claim in husband’s probate proceeding even though wife survived, is still living in the home, and continued to pay the mortgage. At the time, the loan servicer’s attorney told me that they filed the claim “because we’ve had issues in the past with remedies being waived when a secured creditor did not [file a claim]” even though they would consider the loan current if wife continued to pay. As suggested by this list, I filed a partial rejection of the creditor’s claim, essentially stating that to the extent the claim simply recognized the existence of the mortgage and wife’s ongoing obligations under it, the claim was allowed, but it was denied in all other respects. That was the end of it – until my client today received an invoice from the loan servicer claiming $684 in attorney’s fees relating to the filing of the creditor’s claim.

Has anybody ever encountered that before? How to respond? I don’t feel it was appropriate for the loan servicer to file a creditor’s claim in the first instance, and certainly not to now invoice my client for their attorney’s fees, but I also don’t want to end up running the bill up higher on both sides if that will ultimately prove useless.

Natalie



Natalie N. Kuehler
THE KUEHLER LAW FIRM PLLC
PO Box 3059 – 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 – c (509) 557-5769
www.kuehlerlaw.com<http://www.kuehlerlaw.com>

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