[WSBARP] WSBARP Digest, Vol 27, Issue 24

Wed Dec 28 12:32:20 PST 2016

I have suggestions on locating unknown heirs. First, try to find the persons obituary in the local paper. A lot of times they list unknown heirs. Also, sometimes the funeral home for the deceased got a contact person that can lead to further information. I also use Intellus.com, a paid service, that many times will list persons associated with the name you are looking up. Some of the phone numbers listed for those people are no longer valid, but I often find just calling those numbers gets me to someone who can give me a lot of information about family members.

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
swhite8893 at aol.com

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Sent: Wed, Dec 28, 2016 12:00 pm
Subject: WSBARP Digest, Vol 27, Issue 24

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Today's Topics:

1. Default Under DOT and Deceased Debtor (Paul Neumiller)
2. Re: Default Under DOT and Deceased Debtor (Jay Goldstein)
3. Re: Off-topic referral (david at vaughanlawonline.net)
4. Re: Default Under DOT and Deceased Debtor (Mary Stone)

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Message: 1
Date: Tue, 27 Dec 2016 22:33:13 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>, "'WSBA
Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Default Under DOT and Deceased Debtor
Message-ID:
<CY4PR04MB0760E66E656FF22593F9A933D2690 at CY4PR04MB0760.namprd04.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I am working with my local chapter of Habitat for Humanity and trying to keep their legal costs down. Debtor and volunteers put in sweat equity to build a house. Habitat sold house to Debtor and carried back two loans and two deeds of trust. Debtor is now deceased for several years and in default. Can't find Debtor's family and no one probated Debtor's estate. House is vacant. Should Habitat 1) foreclose on the deeds of trust and go to a foreclosure sale (not sure how to do this against a deceased debtor) OR should Habitat get itself appointed as a special/limited personal representative and then, what?, sign a deed in lieu of foreclosure transferring the property back to Habitat. I like the probate route because it would probably be faster and if Habitat uses the deed in lieu of foreclosure, Habitat can keep the house in its inventory of affordable housing. Probably move the court for permission. On the other hand, I doubt we would be able to find relatives to give!
the Notice of Pendency Proceeding. Any guidance would be greatly appreciated.

[cid:image002.jpg at 01D2604A.59B2EB70]

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Message: 2
Date: Tue, 27 Dec 2016 22:36:17 +0000
From: Jay Goldstein <jay at jaglaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Default Under DOT and Deceased Debtor
Message-ID:
<MWHPR12MB17272B4CAE65A26EAFD5542ACF690 at MWHPR12MB1727.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Reply to the list pls

We do similar work for Habitat down here and this situation may show up in the future

Thanks

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
1800 Cooper Point RD SW NO. 8 | Olympia, WA 98502
Telephone 360.352.1970 | Fax 360.357.0844 | www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, December 27, 2016 2:33 PM
To: wsbarp at lists.wsbarppt.com; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Default Under DOT and Deceased Debtor

I am working with my local chapter of Habitat for Humanity and trying to keep their legal costs down. Debtor and volunteers put in sweat equity to build a house. Habitat sold house to Debtor and carried back two loans and two deeds of trust. Debtor is now deceased for several years and in default. Can't find Debtor's family and no one probated Debtor's estate. House is vacant. Should Habitat 1) foreclose on the deeds of trust and go to a foreclosure sale (not sure how to do this against a deceased debtor) OR should Habitat get itself appointed as a special/limited personal representative and then, what?, sign a deed in lieu of foreclosure transferring the property back to Habitat. I like the probate route because it would probably be faster and if Habitat uses the deed in lieu of foreclosure, Habitat can keep the house in its inventory of affordable housing. Probably move the court for permission. On the other hand, I doubt we would be able to find relatives to give!
the Notice of Pendency Proceeding. Any guidance would be greatly appreciated.

[cid:image003.jpg at 01D2604E.8B9C5640]

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Message: 3
Date: Tue, 27 Dec 2016 15:57:36 -0700
From: <david at vaughanlawonline.net>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off-topic referral
Message-ID:
<20161227155736.af94340ea74508a7b85d5d09e856d820.89ba3f312d.wbe at email06.godaddy.com>

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Message: 4
Date: Tue, 27 Dec 2016 16:34:23 -0800
From: "Mary Stone" <mlstone at rockisland.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Default Under DOT and Deceased Debtor
Message-ID: <004601d260a2$233f11b0$69bd3510$@rockisland.com>
Content-Type: text/plain; charset="us-ascii"

I am on the Board of a self-help affordable housing non-profit where the
lender in first position is USDA-RD. Our organization has a second. The
owner died and payments have ceased. The deceased owner does have an adult
son surviving who moved into the house, but is making no payments. USDA has
filed a judicial foreclosure. I suspect you may have to do the same, in
order to eliminate unknown heirs. 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, December 27, 2016 2:33 PM
To: wsbarp at lists.wsbarppt.com; 'WSBA Probate & Trust Listserv'
<wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Default Under DOT and Deceased Debtor

I am working with my local chapter of Habitat for Humanity and trying to
keep their legal costs down. Debtor and volunteers put in sweat equity to
build a house. Habitat sold house to Debtor and carried back two loans and
two deeds of trust. Debtor is now deceased for several years and in
default. Can't find Debtor's family and no one probated Debtor's estate.
House is vacant. Should Habitat 1) foreclose on the deeds of trust and go
to a foreclosure sale (not sure how to do this against a deceased debtor) OR
should Habitat get itself appointed as a special/limited personal
representative and then, what?, sign a deed in lieu of foreclosure
transferring the property back to Habitat. I like the probate route because
it would probably be faster and if Habitat uses the deed in lieu of
foreclosure, Habitat can keep the house in its inventory of affordable
housing. Probably move the court for permission. On the other hand, I
doubt we would be able to find relatives to give the Notice of Pendency
Proceeding. Any guidance would be greatly appreciated. 

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