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Washington foreclosure procedures, rules and civil codes

Learn about the Washington Foreclosure Procedures and rules including judicial, nonjudicial, and statutory procedures. Learn about the Power of Sale clause on property, a deficiency judgment and your redemption rights. Use the Code of Washington outlined below to stop bank foreclosure or to avoid a home foreclosure altogether.

Revised Code of Washington Annotated, Title 6, Sections 6.24.010 et seq.; Title 61, Section 61.12.060

Judicial Foreclosure Available: Yes

Non-judicial Foreclosure Available: Yes

Non-judicial Foreclosure

Non-judicial foreclosure proceedings are permitted in Washington, provided there is a power of sale clause in the trust deed, and the real property is not used for agricultural purposes. There can be no pending lawsuit for foreclosure at the same time as a non-judicial procedure is attempted. Default must be defined in the trust deed.

Preliminary Notices

The trustee must publish the notice of as follows: once between the 32nd and 28th days be sale, and once between the 11th and 7th days before the sale.

A written notice of the foreclosure sale must mailed certified mail, return receipt requested, to the b rower at his or her last known address at least 30 days by recording the notice of sale 120 days before foreclosure may be personally served instead.

Recording

At least 90 days before sale, the trustee must record a notice of the foreclosure sale and mail it to anyone with a lien or claim against the property.

Posting

At least 90 days before sale, the trustee must post the foreclosure notice on the premises to be foreclosed.

Cure

The borrower has up to 11 days before the sale to cure the default by paying the past due payments, plus expenses including trustee and attorney fees. Curing the default stops the foreclosure.

Sale Procedures

The time of sale is specified in the notice of sale. It must be not less than 190 days from the date of default.

The trustee may postpone the sale.

The sale is to the highest bidder.

Deficiency

If non-judicial foreclosure is selected by the lender, then it cannot sue for a deficiency judgment. On judicial foreclosure sales, the borrower can be sued for a deficiency, unless the property is found to be abandoned for six months before the decree of foreclosure.