Washington Foreclosure Laws
Attorney General's Office
905 Plum St., Building #3
P.O. Box 40100
Olympia, WA 98504-0100
Foreclosure Laws in Washington
Judicial Foreclosure: Yes. (But not common in Washington)
Non-Judicial Foreclosure: Yes
Security Instruments: Trust Deed / Mortgage
Right of Redemption: Judicial Foreclosure Only. (Very Rare)
Deficiency Judgments: Yes. Only in Judicial Foreclosure
Time Frame: 120 Days
Public Notice: Notice of Default
Judicial foreclosure: Used only when there is no power of sale
clause in the loan document. In this process, foreclosure must be declared by the
court.
Non-judicial foreclosure: Used when there is a power of sale clause
in the loan document. If the power of sale clause includes the time, place, and
terms of sale, then that specific procedure must be used. If it does not, then non-judicial
foreclosure is carried out as follows.
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A Notice of Sale must be transmitted no less than 30 days before the date of sale
by regular mail to the borrower’s attorney of record, if any, and by certified mail,
return receipt requested, to the borrower at the borrower’s last known address.
The notice of sale must be published once a week for four consecutive weeks in a
newspaper of general circulation, and must also be posted for at least four weeks
prior to the sale in two public places, one of which must be the door of the courthouse
of the county in which the property is located and where the sale is to take place.
The sale may not take place less than 190 days from the date of default.
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The borrower has until 11 days prior to the sale to stop the foreclosure by paying
the past due amount plus expenses, including trustee and attorney fees.
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The sale must be an auction, and held between 9:00 AM and 4:00 PM on a Friday. If
Friday is a legal holiday, the sale will be held on the following business day.
The successful bidder will be given a certificate of sale.
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The sale may be postponed for not more than the week following the scheduled day
by giving notice at all parties and posting the notice publicly beneath the original
posted notice.
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The non-judicial process does not permit suit by the lender for a deficiency balance.
In judicial foreclosures, the lender may not sue for a deficiency balance if the
property is found to have been abandoned for at least six months prior to the decree
of foreclosure by the court.
Laws:
