[WSBAPT] Taking Spouse Off Mortgage.....a first for me

[Eric Nelsen]

Whaddya know, a bank being proactive about complying with the law! It sounds like an administrative, internal thing, with no real legal effect. The bank is recognizing that it the transfer to the surviving spouse is not a breach, so they’re just altering their internal records to make clear that there is only one person paying on the note now. As a legal matter, the estate remains contractually liable on the note, but it is highly unlikely the bank would even bother to file a claim.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, May 31, 2024 11:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Taking Spouse Off Mortgage.....a first for me

No. They did not have to sign anything. They simply provided the Death Certificate. Then I recorded the Deed of PR transferring ownership to the surviving spouse. Submitted that and they sent back the letter with the above language.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Fri, May 31, 2024 at 11:33 AM Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>> wrote:
That’s weird—but I’m guessing this is just an administrative thing internal to the bank? They didn’t actually sign a release of the decedent from the Note, did they?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Friday, May 31, 2024 9:11 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Taking Spouse Off Mortgage.....a first for me

List Members -

I come to you on this glorious end of month, friday, with something that I have never seen in my practice before.

A mortgage company has REMOVED a decedent from the mortgage on a home WITHOUT forcing the surviving spouse to refinance.

It has been my experience that mortgage companies would only do this with a refinance, that we rely on G-StG to advise that they can simply continue to pay and not worry about the name on the mortgage.....

When my PR/Surviving Spouse told me about this during the course of the probate I was shocked, made sure to triple verify that this wasn't a trick to get them to refinance.

I have ever received a copy of the letter from Provident that says:
Per the receipt of the death certificate of Decedent, we have removed this individual from the loan record.

Has anyone else had this happen before?

Wanted to share this experience with everyone.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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