This is the first installment in a two-part series addressing creditor claims against an estate. This segment reviews how to file a creditor's claim with an estate when the decedent owes a debt.
The Washington Court of Appeals summarized settled law governing the interplay between an installment promissory note secured by a deed of trust, a bankruptcy discharge, and the statute of limitations. Tom Lerner describes how the court also clarified that service of a foreclosure notice of default is enough to stop the statute of limitations from running.
On July 7, 2016, the Washington State Supreme Court held that certain provisions common in Deeds of Trust run contrary to Washington statute and are unenforceable. Chris Graving explains how this decision limits lenders' ability to non-judicially protect their real property collateral pending foreclosure.