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#1115379 - 01/22/09 08:01 PM Deceased Borrower
deh Offline
Platinum Poster
Joined: Mar 2006
Posts: 866
Hi,

I have a new one that I have not dealt with before. If someone could help me determine how this is normally handled I would greatly appreciate it.

The borrower was in a CH 13. The borrower died in the middle of it. He had been current on all his post-petition payments. The CH 13 has now been discharged and the son has now been made Admin. of the Estate/Atty. We have been attempting to contact the son but he has not returned our calls. We contacted the borrower's Atty and were told the son intended to make payments. The loan is currently 4 mo in arrears. The Atty asked me to send payment notices to the son's home.

My questions are:
1.) Does the loan need to be titled differently?
2.) Doesn't the TIN of the deceased borrower need to change to an Estate?
3.) Can we just start sending the notices to the son because the Atty told me to? I received a letter providing me with a case number that states a petition has been filed to appoint the son as Admin of the Estate but nothing in file to show that he is.

Thanks for any help!

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#1115531 - 01/22/09 09:09 PM Re: Deceased Borrower deh
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
Haven't done one of these in a long time but as I recall:
1) No. The loan will be refererenced as it was originated.
2) The estate has to go further into probate to get it's own TIN.
3) Doesn't the letter you got have an address to send bills, etc., too? I seem to recall doing these when I worked for an attorney and they stated all bills should be sent to:

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