[WSBARP] Foreclosure question

Fri Aug 1 10:40:40 PDT 2014

Always check with your title company.   I have never been required to
commence a probate.  There is a very old case that supports this position
on a foreclosure of a mortgage/deed of trust, but I can’t remember the
cite.  

If there is no probate, we do a judicial foreclosure. In addition to
junior lienholders, we name unknown heirs and unknown claimants as
defendants.  See  RCW  4.28.140 – 4.28.160.  We usually obtain a copy of
the death certificate as proof of death.  Note that some states will not
send you  a copy of the death certificate (e.g., Texas) but will send a
verification of death –date and place of death.   In Washington state, the
name, address and relationship to the deceased of the person reporting the
death is listed on the death certificate.  That person may be an heir
(e.g., parent, sibling or child) and may need to be named in the
foreclosure.  

If the property is vacant, you may be able to take advantage of the zero
redemption period for abandoned property under RCW 61.12.093 but this must
be pled in the complaint. 

Karen L. Gibbon
Law Offices of Karen L. Gibbon, P.S.
3409 McDougall Avenue, Suite 202
Everett, WA 98201

Telephone: (425)212-3277 ext 1
Facsimile: (425)212-3280
Email: kgibbon at gibbonlaw.com

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, August 01, 2014 9:08 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Foreclosure question

If one of the grantors of a deed of trust is deceased can one still do a
non judicial foreclosure by giving notice to PR if one appointed or to
heirs if one hasn’t been appointed or if there was a probate and it was
completed. If the heirs are unknown and nor probate started then judicial
foreclosure I assume would have to be started unless the beneficiary as a
creditor had itself appointed as PR let me know your thoughts thank you

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Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

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bryced at cdb-law.com

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