Question 1

Is Washington a judicial or non-judicial foreclosure state?

Accepted Answer

Both. A deed of trust can be foreclosed without going to court through a trustee's sale under the Deeds of Trust Act (chapter 61.24 RCW), and mortgages (and deeds of trust) can also be foreclosed through a court action under chapter 61.12 RCW. A judicial foreclosure sale can be followed by a right of redemption; a trustee's sale cannot.

Question 2

What notice is required before a foreclosure sale in Washington?

Accepted Answer

For a trustee's sale: (1) when required, the lender must first make initial contact by letter and phone with the borrower about options; a notice of default may not be issued until 30 days after that contact effort if the borrower does not respond, or 90 days after initial contact if the borrower responds. (2) A written notice of default must be sent by first-class and certified or registered mail and posted on the property or personally served at least 30 days before the notice of sale. (3) A notice of trustee's sale must be recorded with the county auditor and mailed to the borrower and others at least 90 days before the sale (at least 120 days if the initial-contact letter was required), posted on the property or served on occupants, and published in a legal newspaper twice: once between the 35th and 28th day before the sale and once between the 14th and 7th day before the sale.

Question 3

How long does foreclosure take in Washington?

Accepted Answer

Minimums set by statute for a trustee's sale: the pre-default contact waiting period (30 days, or 90 days if the borrower responds, when required); at least 30 days between the notice of default and the notice of sale; at least 90 days (or 120 days when the initial-contact letter was required) between the notice of sale and the sale; and the sale may not take place less than 190 days after the date of default. The trustee may postpone the sale for a total of up to 120 days.

Question 4

Can you stop a foreclosure by catching up on payments in Washington?

Accepted Answer

The borrower, grantor, any guarantor, or a junior lienholder may stop a trustee's sale by curing the default at any time before the 11th day before the sale date (or the 11th day before the actual sale if postponed). For a payment default, this means paying the amount then due (not the part of the principal that would not be due without the default) plus the trustee's actual expenses, a reasonable trustee's fee and reasonable attorney's fees.

Question 5

Is there a right of redemption after foreclosure in Washington?

Accepted Answer

After a non-judicial trustee's sale, no one has any right to redeem the property. After a judicial foreclosure sale, the borrower (or another redemptioner) may redeem within one year after the sale, or within eight months if the mortgage states the property is not used mainly for farming and the lender expressly waived a deficiency judgment in its complaint, unless redemption rights were cut off under RCW 61.12.093 and following.

Question 6

Can the lender come after you for the rest of the loan after foreclosure in Washington?

Accepted Answer

After a non-judicial trustee's sale, a deficiency judgment may not be obtained against the borrower, grantor or guarantor, except in limited situations for deeds of trust securing commercial loans (and those exceptions do not apply to a property the borrower occupies as a principal residence on the sale date).

Question 7

Does Washington have a foreclosure mediation program?

Accepted Answer

Yes. Washington's Foreclosure Mediation Program is available to homeowners who are referred by a housing counselor or attorney. For a deed-of-trust foreclosure, the referral may be made any time after a notice of default is issued but no later than 90 days before the sale date in the notice of trustee's sale. The Department of Commerce then selects a mediator, and the borrower must provide financial documents within 23 days of the department's notice. The program is part of the state's Foreclosure Fairness Program, and also covers some condominium/HOA association foreclosures.

Question 8

What happens to tenants when a rental home is foreclosed in Washington?

Accepted Answer

A tenant or subtenant living in a home when it is sold in foreclosure must be given at least 60 days' written notice to vacate before being removed through an eviction (unlawful detainer) case, although a tenant can still be evicted for waste or nuisance. The buyer at a trustee's sale may instead offer the tenant a new rental agreement.

Question 9

Can an HOA foreclose on your home in Washington?

Accepted Answer

Yes. Under the Washington Uniform Common Interest Ownership Act, an association's lien for unpaid assessments can be foreclosed in court like a mortgage (subject to redemption rights), or non-judicially like a deed of trust if the declaration contains a power of sale and meets other requirements. An association may not start a foreclosure unless the owner owes at least the greater of three months of assessments or $2,000 of assessments (not counting fines, late charges, interest, attorney's fees or collection costs), and it must first mail required delinquency and pre-foreclosure notices. Board members and their families may not buy the unit at the association's foreclosure sale. Owners can get help from a housing counselor, and some association foreclosures can be referred to mediation.

Question 10

What must a home seller disclose in Washington?

Accepted Answer

Yes. A seller of improved residential real property must give the buyer a completed seller disclosure statement in the format set by statute, unless the buyer has expressly waived it or the transfer is exempt. Delivery must occur within five business days after mutual acceptance of the purchase contract unless otherwise agreed, and the buyer generally has three business days after delivery to rescind the agreement.

Question 11

How do you get your home back after a tax sale in Washington?

Accepted Answer

Property with a certificate of delinquency for unpaid property taxes may be redeemed at any time before the close of business on the day before the county's tax foreclosure sale, by paying the county treasurer the delinquent amount plus interest and later taxes, interest and costs. No fee may be charged for redemption. Property of a minor or a legally incompetent person may be redeemed within three years after the sale.

Question 12

Where can homeowners get free foreclosure help in Washington?

Accepted Answer

The Washington Department of Financial Institutions directs homeowners to the Washington Homeownership Information Hotline, 1-877-894-HOME (4663), for free housing counseling, and describes the Foreclosure Fairness Program, which offers free housing counseling, civil legal aid and foreclosure mediation.

Judicial or non-judicial	Both. A deed of trust can be foreclosed without going to court through a trustee's sale under the Deeds of Trust Act (chapter 61.24 RCW), and mortgages (and deeds of trust) can also be foreclosed through a court action under chapter 61.12 RCW. A judicial foreclosure sale can be followed by a right of redemption; a trustee's sale cannot. Source: RCW 61.24.020, 61.24.040, 61.24.050; RCW 6.23.020
Required notices	For a trustee's sale: (1) when required, the lender must first make initial contact by letter and phone with the borrower about options; a notice of default may not be issued until 30 days after that contact effort if the borrower does not respond, or 90 days after initial contact if the borrower responds. (2) A written notice of default must be sent by first-class and certified or registered mail and posted on the property or personally served at least 30 days before the notice of sale. (3) A notice of trustee's sale must be recorded with the county auditor and mailed to the borrower and others at least 90 days before the sale (at least 120 days if the initial-contact letter was required), posted on the property or served on occupants, and published in a legal newspaper twice: once between the 35th and 28th day before the sale and once between the 14th and 7th day before the sale. RCW 61.24.030, 61.24.031 and 61.24.040 each have a version effective until January 1, 2028 and an amended version effective January 1, 2028; the time periods above appear in the current versions. Source: RCW 61.24.030(8), 61.24.031(1), 61.24.040(1), (5)
Time frames set by law	Minimums set by statute for a trustee's sale: the pre-default contact waiting period (30 days, or 90 days if the borrower responds, when required); at least 30 days between the notice of default and the notice of sale; at least 90 days (or 120 days when the initial-contact letter was required) between the notice of sale and the sale; and the sale may not take place less than 190 days after the date of default. The trustee may postpone the sale for a total of up to 120 days. Source: RCW 61.24.030(8), 61.24.031(1), 61.24.040(1), (10), (12)
Right to catch up (reinstate)	The borrower, grantor, any guarantor, or a junior lienholder may stop a trustee's sale by curing the default at any time before the 11th day before the sale date (or the 11th day before the actual sale if postponed). For a payment default, this means paying the amount then due (not the part of the principal that would not be due without the default) plus the trustee's actual expenses, a reasonable trustee's fee and reasonable attorney's fees. Source: RCW 61.24.090(1)
Foreclosure mediation	Yes. Washington's Foreclosure Mediation Program is available to homeowners who are referred by a housing counselor or attorney. For a deed-of-trust foreclosure, the referral may be made any time after a notice of default is issued but no later than 90 days before the sale date in the notice of trustee's sale. The Department of Commerce then selects a mediator, and the borrower must provide financial documents within 23 days of the department's notice. The program is part of the state's Foreclosure Fairness Program, and also covers some condominium/HOA association foreclosures. DFI program page: https://dfi.wa.gov/homeownership/washington-foreclosure-mediation-program Source: RCW 61.24.163; Washington Department of Financial Institutions, Foreclosure Assistance and Information

Redemption after the sale	After a non-judicial trustee's sale, no one has any right to redeem the property. After a judicial foreclosure sale, the borrower (or another redemptioner) may redeem within one year after the sale, or within eight months if the mortgage states the property is not used mainly for farming and the lender expressly waived a deficiency judgment in its complaint, unless redemption rights were cut off under RCW 61.12.093 and following. Source: RCW 61.24.050(1); RCW 6.23.020(1)
Deficiency judgments	After a non-judicial trustee's sale, a deficiency judgment may not be obtained against the borrower, grantor or guarantor, except in limited situations for deeds of trust securing commercial loans (and those exceptions do not apply to a property the borrower occupies as a principal residence on the sale date). Source: RCW 61.24.100
Tenants in a foreclosed home	A tenant or subtenant living in a home when it is sold in foreclosure must be given at least 60 days' written notice to vacate before being removed through an eviction (unlawful detainer) case, although a tenant can still be evicted for waste or nuisance. The buyer at a trustee's sale may instead offer the tenant a new rental agreement. Source: RCW 61.24.146(1); RCW 61.24.060

HOA liens and foreclosure	Yes. Under the Washington Uniform Common Interest Ownership Act, an association's lien for unpaid assessments can be foreclosed in court like a mortgage (subject to redemption rights), or non-judicially like a deed of trust if the declaration contains a power of sale and meets other requirements. An association may not start a foreclosure unless the owner owes at least the greater of three months of assessments or $2,000 of assessments (not counting fines, late charges, interest, attorney's fees or collection costs), and it must first mail required delinquency and pre-foreclosure notices. Board members and their families may not buy the unit at the association's foreclosure sale. Owners can get help from a housing counselor, and some association foreclosures can be referred to mediation. Source: RCW 64.90.485(13), (21), (22); RCW 61.24.155; RCW 61.24.163(3)
Property tax sales	Property with a certificate of delinquency for unpaid property taxes may be redeemed at any time before the close of business on the day before the county's tax foreclosure sale, by paying the county treasurer the delinquent amount plus interest and later taxes, interest and costs. No fee may be charged for redemption. Property of a minor or a legally incompetent person may be redeemed within three years after the sale. Source: RCW 84.64.070
Seller disclosure	Yes. A seller of improved residential real property must give the buyer a completed seller disclosure statement in the format set by statute, unless the buyer has expressly waived it or the transfer is exempt. Delivery must occur within five business days after mutual acceptance of the purchase contract unless otherwise agreed, and the buyer generally has three business days after delivery to rescind the agreement. RCW 64.06.020 has a version effective until January 1, 2027 and a later version. Source: RCW 64.06.020

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