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

Fri May 31 11:47:36 PDT 2024

Yes - this is absolutely not any attempt to avoid paying the
outstanding balance and the surviving spouse will be doing it as well.

It was just so refreshing to hear that the communication was about
something OTHER than attempts to convince them that they had to refinance
(which many of my clients get to the point where they are scarred to
transfer or close probate for fear of the LIES that are being told by their
bank....but that is for another post on another day).

*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

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

On Fri, May 31, 2024 at 11:45 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *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
>
> e-mail <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>
> 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
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240531/048d440e/attachment.html>