Thursday, October 19, 2017

Secured Creditor and Probate

a secured creditor with a lien on a decedent's property is not required to present a probate claim in order to enforce its lien. See Gandy v. Citicorp, 985 So.2d 371, 374 (¶12) (Miss. Ct. App. 2008) (probating the claim protects the mortgagee's right to claim a deficiency).
a secured creditor with a lien on a decedent's property is not required to present a probate claim in order to enforce its lien. See Gandy v. Citicorp, 985 So.2d 371, 374 (¶12) (Miss. Ct. App. 2008) (probating the claim protects the mortgagee's right to claim a deficiency). However, a secured creditor who wishes to recover from the estate's assets or enforce a probate claim for a deficiency must timely file a statement of claim in probate. Id.
Clearly, a secured creditor with a lien on a decedent's property is not required to present a probate claim in order to enforce its lien. See Gandy v. Citicorp, 985 So.2d 371, 374 (¶12) (Miss. Ct. App. 2008) (probating the claim protects the mortgagee's right to claim a deficiency). However, a secured creditor who wishes to recover from the estate's assets or enforce a probate claim for a deficiency must timely file a statement of claim in probate. Id.a
A secured creditor with a lien on a decedent's property is not required to present a probate claim in order to enforce its lien. See Gandy v. Citicorp, 985 So.2d 371, 374 (¶12) (Miss. Ct. App. 2008) (probating the claim protects the mortgagee's right to claim a deficiency). However, a secured creditor who wishes to recover from the estate's assets or enforce a probate claim for a deficiency must timely file a statement of claim in probate. Id.

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