How Foreclosure Works in Washington
Whether Washington forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short 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. RCW 61.24.020, 61.24.040, 61.24.050; RCW 6.23.020
| 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. |
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| 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. |
| 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. |
| 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) |
More Washington foreclosure & homeowner law
- Redemption and Deficiency Judgments in Washington
- HOA Liens and Foreclosure in Washington
- Getting Your Home Back After a Tax Sale in Washington
- All Washington foreclosure & homeowner law rules
FAQ
Is Washington a judicial or non-judicial foreclosure state?
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.
What notice is required before a foreclosure sale in Washington?
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.
How long does foreclosure take in Washington?
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.
Can you stop a foreclosure by catching up on payments in Washington?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.