[WSBARP] Judicial Foreclosure of Real Estate Contract (61.30) Where Vendee Dies?

Rob Rowley rob at rowleylegal.com
Tue Jun 24 13:31:19 PDT 2014


As my fact pattern states there is no estate, no will and no PR.  No
living family member to be located.

 

Previously, I reviewed and discarded the opening of an estate (as a
creditor).  All kinds of conflicts of interest where a creditor seeks to
simultaneously be appointed as PR and foreclose/forfeit the sole asset of
the estate.  This is why the big banks almost always file for a judicial
foreclosure instead of opening an estate.

 

Robert R. Rowley

(509) 252-5074 (wk)

rob at rowleylegal.com

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, June 24, 2014 1:02 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Judicial Foreclosure of Real Estate Contract (61.30)
Where Vendee Dies?

 

 

On 6/24/2014 9:37 AM, Rob Rowley wrote:

Assume real estate contract (RCW 61.30) on residential property in small
rural county.  Vendee subsequently dies of old age leaving large balance.
Vendee has one deadbeat adult son who subsequently disappeared.  No estate
nor Will.  Cannot obtain quit claim from sole heir.  Title company won’t
insure around issue.  Very small town where everyone knows everyone.  

 

I represent vendor who wants to forfeit the contract.  Normally, not an
issue where the debtor is living.  I have done many forfeitures.  However,
with death of vendee then whom do I serve?


The PR of his/her estate?




 

By analogy over the years I’ve filed a number of judicial foreclosures for
deeds of trust (61.24) where the grantor has died with no estate and have
to go through the whole judicial foreclosure process to include
publication (with waiver of redemption).  Judicial foreclosure resolves
the notice issue.  

 

Thus, I believe the most prudent route would be to go through the judicial
foreclosure process for the real estate contract?

 

Thoughts?  Am I missing anything?

 

Robert R. Rowley
Attorney at Law
505 W. Riverside Ave., Suite 500
Spokane, WA  99201-0518
(509) 252-5074 <el:%28509%29%20252-5074>  (wk)
(509) 928-3084 <el:%28509%29%20928-3084>  (facsimile)
rob at rowleylegal.com
www.facebook.com/rowleylegal




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