[WSBAPT] Selling mortgaged real property in a probate

[Dalynne Singleton]

I agree with the responses provided but add this - I was able to get an injunction against a foreclosure when the lender refused to allow time to open the probate, having the hearing, give proper notice and get Letters.  It was a newly invented wheel for me but I made it work.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one GLG paralegals selina at glgmail.com<mailto:selina at glgmail.com>, valerie at glgmail.com<mailto:valerie at glgmail.com> or barb at glgmail.com<mailto:barb at glgmail.com>.  Gourley Law Group legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Thursday, October 5, 2023 11:06 AM
To: 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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