[WSBAPT] Lender sends claim on on mortgaged property

[Heather de Vrieze]

I would send them a letter, perhaps with a partial rejection of claim, stating that your client does not dispute the debt, but it is not currently due and owing except in the installments specified in their contract with the decedent. Explain that it will not be paid prior to its due date, refinance or sale, and cite Garn St. Germain. Also make sure the client knows to keep payments current.

As far as them talking to you or not. Don’t get me started. I have had claimants call my office looking to talk to me, then not tell me what they want to talk about until I can confirm date of birth or social for the decedent. Or, call and leave me a message with a reference number, but not be willing to speak to me when I call back, without those things. I even had one ask for my social security number.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D81F5D.186CE940]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Friday, February 11, 2022 3:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lender sends claim on on mortgaged property

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 Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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