[WSBAPT] Lender sends claim on on mortgaged property

Laura Latta laura at lauralatta.com
Fri Feb 11 15:00:46 PST 2022


Listmates,

I'm handling a probate where there is a mortgaged property and several
other debts. One bank held both a mortgage and a revolving credit account.
A probate notice to creditors was sent to this bank as it relates to the
credit card. The creditor responded with claims on the credit card *and the
mortgage*.

Has anyone come across this? How would you respond in order to ensure that
your client maintains the right under Garn St. Germain to continue the
mortgage? (Other than advising them to keep making payments.)

The lender is also, despite sending the claim to me, in my name, at my
address, refusing to discuss the matter with me despite the PR adding me as
an authorized person. Are any of you aware of any recourse the Estate can
take where a creditor refuses to deal with the Estate's attorney. At what
point does this start to amount to bad faith? Does it matter?

Geez it's been a week.

Thank you in advance for your thoughts.

Warmly,
Laura

-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



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