[WSBARP] Estate Property in Foreclosure

[Kary Krismer]

I gave similar advice privately, but with the added advice that you need 
them to document or at least acknowledge in writing what they will be 
doing (or more precisely not doing).  Never trust a trustee absent their 
putting their position in writing.

Kary L. Krismer
206 723-2148

On 1/13/2023 3:29 PM, Rich Holland wrote:
> I agree with this.  Call the trustee.  As a very very last ditch 
> negotiation point, you could offer a DiL effective in 90 or 120 days 
> or something.  It's a big axe hanging over the property but in the 
> right situation it might be worth considering.  All depends on how 
> much time the PR really needs.
>
> Rich on his phone
> ------------------------------------------------------------------------
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kelby Derenick 
> <kelby at derenicklaw.com>
> *Sent:* Friday, January 13, 2023 3:14:58 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Estate Property in Foreclosure
> Try calling the trustee and see if they will just continue the sale 
> date.  This has worked for me in the past. Then put it on the market 
> asap.  I have restrained sales in the past but it has to be for a 
> narrow set of reasons within RCW 61.24 et seq.  Maybe the trustee did 
> not follow the correct procedures with the notice of sale.  One time I 
> restrained a sale because the trustee failed to have an office in the 
> state.  Another time the amount owed in the notice of sale was 
> incorrect by a significant amount.  It is rare to have a legitimate 
> reason but usually the trustee will at least continue it once.
>
> Kelby J. Derenick
> Attorney
> *
> 10018 Greenwood Ave. N*
> *Seattle, WA 98133*
> *Ph. (206) 659-5061*
>
> *14 E. Main Street, Suite 207
> *
> *Walla Walla, WA 99362*
> *Ph: (509) 676-9805*
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> *
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> On Fri, Jan 13, 2023 at 11:10 AM Haylee Hurst 
> <haylee at bellinghamlegal.com> wrote:
>
>     PC is the PR of an estate and the real property is apparently in
>     foreclosure for failure to pay the mortgage while the PR is trying
>     to secure life insurance proceeds. It looks like this is late in
>     the game and a sale is already scheduled for the end of March. PC
>     needs to delay the sale until the estate can either pay off the
>     mortgage or sell the property, but, looking at the statute it
>     appears the sale can't be enjoined unless the estate pays the
>     amounts due under the mortgage into the court registry, which
>     seems to defeat the point. Thoughts? I'm happy to pass on any
>     referrals if this is in someone's wheelhouse. Property is in
>     Whatcom County.
>
>     -- 
>     Haylee Hurst
>     Wolf Lee Hurst & Slattery, PLLP
>     (p) (360) 676-0306 ext. 1002
>     (d) (360) 602-3826
>     haylee at bellinghamlegal.com <mailto:Haylee at bellinghamlegal.com>
>     www.bellinghamlegal.com
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