Washington Foreclosure Timeline and Laws

Washington Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

Foreclosures in Washington are conducted by non-judicial foreclosure. Judicial foreclosures may be conducted when there is no power of sale clause in the deed of trust.

Notice Requirements for Foreclosure in Washington

To commence foreclosure, the lender must serve the borrower with a notice of default by certified or registered mail at least 30 days before the sale date, and post the notice on the property or personally serve the borrower. The notice must contain a description of the default, the deed of trust recording information, and a breakdown of foreclosure costs and fees.

Washington Deficiency and Anti-Deficiency Laws

The lender may not obtain a deficiency judgment in a non-judicial foreclosure.  A deficiency judgment may be obtained in a judicial foreclosure unless the property had been abandoned for the preceding six (6) months prior to the foreclosure judgment or there is a decree that would preclude any deficiency.

Washington Redemption Rights

Washington has no post-sale statutory right of redemption for non-judicial foreclosures. There is one year redemption for judicial foreclosures, and the residential borrower/owner may remain in the property during the redemption period.

Washington Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Washington Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

Washington foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.