[WSBAPT] selling mortgaged real property in a probate

[Inge Fordham]

Every situation is different.  I have assisted clients in similar situations where the estate has little (if any) cash to continue paying mortgage payments.  I send a letter to the mortgage company informing them of this fact, providing the status of selling the property, and tell them we will contact them when the house sells.  Despite threats, I haven’t had a mortgage company commence foreclosure proceedings.  The key (at least in the cases I’ve dealt with) has communication – letting the mortgage company know of our efforts and ensuring them the debt will be paid.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Sharon Rutberg <sharon at salmonbaylaw.com>
Date: Thursday, October 5, 2023 at 11:09 AM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] selling mortgaged real property in a probate
Hi, folks –

We have a probate where the main asset is a piece of real property. The will directs that it be sold, and the PR is in the process of doing that. The property has two mortgages on it, but when it is sold there will be ample assets to pay those off and have some assets left for the beneficiaries.  There is very little cash in the estate, so we have not attempted to make the monthly mortgage payments.

It took a while to get to market because a lot of clean up and an eviction were needed first. We have been subjected to a barrage of letters from Select Portfolio Servicing, demanding mortgage payments and threatening foreclosure. They seem immune to our multiple requests to hold off on these demands and threats while we have a reasonable to sell the property and pay off the loans.

Anyone out there have any advice about how to deal with this? Should we spend our scarce cash to bring the payments up to date? Is foreclosure really likely to happen anytime soon?

Many thanks,
Sharon

Sharon Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 1
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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