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

Tue Jun 24 09:40:35 PDT 2014

Maybe as a creditor you want to file and probate the estate, put in your
claim and issue a Personal Representative’s deed?

Preston L. Foskey, Attorney at Law

WSBA # 12509

Preston L. Foskey, P. S.

8248 East D Street

Tacoma, Washington 98404-1042

Phone:  253.535.5829  Fax:  253.535.9391

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Tuesday, June 24, 2014 9:37 AM
To: WSBA RPPT
Subject: [WSBARP] Judicial Foreclosure of Real Estate Contract (61.30)
Where Vendee Dies?

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?

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 <tel:%28509%29%20252-5074>  (wk)
(509) 928-3084 <tel:%28509%29%20928-3084>  (facsimile)
rob at rowleylegal.com
www.facebook.com/rowleylegal

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