Estate of Melissa Diane Ross

Case Number

22PR00392

Case Type

Hearing Date / Time

Mon, 11/06/2023 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Appearances required.  The following is noted for the Court at the hearing:

Questionable, unexplained escrow charges.  The escrow statement submitted by the petitioner shows expenses during escrow that appear to evince malfeasance, without further explanation. The following transactions are questionable for the stated reasons the follow:

• Past Due Payment of $31,298.71 – The Court should inquire as to why the mortgage fell into such neglect, and determine if the Personal Representative is liable for such neglect.

• Escrow Overdraft of $15,218.35 – The Court should inquire as to why this overdraft occurred and who the funds were paid to.  On its face, it appears this charge was a loss to the estate.

• Foreclosure charges – There were late charges and fees of nearly $400 for what appear to be foreclosure costs. These charges are recoverable against the Personal Representative, if the Personal Representative could have kept the property from exposure to foreclosure.