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

[Richard Wills]

Robert --- I acknowledge all that you have said.

When I have been in a position such as yours, what I have done is to
attempt to find an independent person willing to serve as the PR of the
Decedent's estate, possibly as a Limited PR, & whether or not I find one,
I will petition the Court to appoint one; occasionally, the Court has
appointed me as an independent Ltd PR (ie, Special Adm'r under 11.32) in
such circumstances (ie, not in cases that I have brought --- I was
appointed as a Special Adm'r in a case exactly like yours several years
ago, to do nothing but receive notice of sale on behalf of the
Decedent***; there, as part of the appointment, the buyer agreed to pay
the fees as part of the sales process of whomever the Court appointed to
receive notice, which the Court approved).  The problem is that if
someone needs to represent the Decedent regarding his/her property, the
only one I know having authority to do that is the D's PR.  Practically
speaking, the problem is that Decedent's estate lacks assets having value,
so there is no money to pay the PR or for the process of the PR's
appointment.

***D's estate consisted of a grossly "underwater" huge waterfront
restaurant in downtown Seattle, which was the object of the sale, & a
10-yr old Mercedes.



On 6/24/2014 1:31 PM, Rob Rowley wrote:


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.Â
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, WAÂ  99201-0518
(509) <el:%28509%29%20252-5074>  252-5074Â (wk)
(509) <el:%28509%29%20928-3084>  928-3084Â (facsimile)
rob at rowleylegal.com
www.facebook.com/rowleylegal




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