[WSBARP] Referral - Convoluted Real Property Issue

[David Faber]

I'm looking for a referral, preferably in Kitsap or Clallam County, for a
somewhat convoluted real property issue:

(C)lient sold real property to (B)uyer on a seller-carried mortgage/note. B
died a couple days ago without a Will/intestate. B was a disabled person
and had (S)on living with her, who is also disabled and living on a very
fixed income. B also had a (D)aughter, who is unsurprisingly also disabled
and living on a very fixed income (but isn't living in the house--I mention
this because of the intestate right of succession and D's right to inherit
half of the equity in the house). B had about 40% of the promissory note
paid down on the purchase at the time of death. S wants to take over (and,
I believe, has a right to take over the mortgage under the Garn-St.Germain
Depository Institutions Act), but S probably can't quite afford the monthly
payments under the existing promissory note on his own, let alone the taxes
and insurance. C wants to figure out how to make this work, but doesn't
want to be on the hook for losing the property if the taxes remain unpaid
for two+ years, or if the house burns down. S will also need to figure out
if he's probating his mother's estate and where D fits into the picture.
Basically, we need someone who can untangle this bowl of spaghetti for a
group of unsophisticated people who took on a real property transaction
that they probably shouldn't have.

This goes well beyond my expertise  and I'm not going to be able to help
the clients. Please note also that pretty much everyone involved is,
unsurprisingly, not terribly wealthy, but C has been good at paying their
bills in the past for estates work that I did. They just cannot afford all
that much in legal fees (hence looking for Kitsap or Clallam as opposed to
a Seattle attorney).

Let me know if anyone wants to take this one.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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