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Washington

Washington Revised Code § 61.24.030. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial trustee

Deficiency

After non-judicial trust deed foreclosure: deficiency is PRO

Mediation

Washington Foreclosure Fairness Act Mediation Program: manda

Statute Citation

Wash. Rev. Code §§ 61.24.005-61.24.190 (Washington Deed of Trust Act)

Redemption Period

No statutory right of redemption after non-judicial trustee sale. The sale is final. The Washington Deed of Trust Act provides a comprehensive pre-sale regulatory framework.

Deficiency Judgment Rule

After non-judicial trust deed foreclosure: deficiency is PROHIBITED on residential property (Wash. Rev. Code § 61.24.100). This is absolute for all residential deeds of trust.

Notice Requirements

Notice of default mailed to borrower at least 30 days before notice of sale. Notice of sale recorded and mailed. Published. Washington's Deed of Trust Act has detailed procedural steps including a mandatory beneficiary declaration.

Mediation Program

Washington Foreclosure Fairness Act Mediation Program: mandatory for certain owner-occupied residential properties. Mediation must be requested through a housing counselor.

Key Provisions

  • Washington Deed of Trust Act — detailed statutory process
  • No deficiency after non-judicial foreclosure on residential property
  • Foreclosure Fairness Act mediation
  • Beneficiary declaration requirement

Homeowner Protections

  • No deficiency on residential deeds of trust — very strong protection
  • Foreclosure Fairness Act mediation program
  • Detailed pre-sale notice requirements
  • Borrower may cure default up to 11 days before sale
  • Beneficiary declaration must verify lender's authority to foreclose

Frequently Asked Questions

What is the Washington Foreclosure Fairness Act?+
The Foreclosure Fairness Act (FFA) provides: (1) mandatory mediation — you can request mediation through a HUD-certified housing counselor after receiving a notice of default, (2) the lender must participate in good faith, (3) the lender must send a beneficiary declaration documenting its authority to foreclose and the chain of ownership, (4) if the lender fails to comply with the FFA, the foreclosure may be enjoined. To use the FFA: contact a HUD-certified housing counselor within 30 days of receiving the notice of default — the counselor will refer you to mediation.
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