[WSBAPT] Bank Assessed Fees for Creditors Claim

[Laura Latta]

My understanding is that attorney fees are only permitted where the
creditor brings an action on a rejected claim that is ultimately found to
be a valid claim. There's no provision for attorney fees - that I am aware
of - for filing an improper claim, but I would certainly want to know if I
was incorrect.

On Mon, Aug 22, 2022 at 2:58 PM Natalie Kuehler <nk at kuehlerlaw.com> wrote:

> 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
>
>
>
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*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

4010 NE Lake Washington Blvd. Ste. 202

Kirkland, WA 98033



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