Washington Foreclosure Help – Stop Foreclosure in Washington

 


Finding Foreclosure Help in Washington

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Seattle Regional Office

Seattle Federal Office Building
909 First Avenue, Suite 200
Seattle, WA 98104-1000

Phone: (206) 220-5101

Toll-free: (877) 741-3281

Fax: (206) 220-5108

TTY: (206) 220-5254

Jurisdiction: Western and Central Washington

Office Hours: 8:00 a.m. to 5:00 p.m.,
Monday through Friday

Spokane Field Office

Thomas Foley U.S. Courthouse Building
920 West Riverside, Suite 588
Spokane, WA. 99201

Phone: (509) 368-3200

Fax: (509) 368-3209

TTY: (509) 368-3220

Jurisdiction: Eastern Washington

Bill Fattic
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.,
Monday through Friday

Washington Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process, which typically takes 120 days.
  • The borrower has a right of redemption but may be precluded.
  • The lender may sue for deficiency judgements.

Mortgages in default in Washington may be foreclosed using a judicial or non-judicial process.

Judicial Foreclosure
The judicial foreclosure process is used if there is no power of sale clause in a mortgage deal. This foreclosure process is done by filing a lawsuit to obtain a decree of sale from the court. Once the court approves the decree of sale, the property may be sold at an auction to the highest bidder.

Non-Judicial Foreclosure
The non-judicial foreclosure process is used if there is a power of sale clause present in a mortgage deal. When the borrower defaults on a mortgage, the power of sale clause automatically gives the lender the power to sell the property. Either the lender or a trustee may sell the property at an auction, but they must follow the “Power of Sale Foreclosure Guidelines.”

Power of Sale Foreclosure Guidelines
If the power of sale clause does not specify the terms of the sale, the non-judicial foreclosure process must be carried out as follows:

A notice of sale must be sent to the borrower through both regular and certified mail, with the request of return receipt. This notice must also be sent to the borrower’s attorney through regular mail at least 30 days prior to the date of sale.

The same notice of sale must be published in the county newspaper where the property is located, once a week for 4 consecutive weeks. Additional 2 notices must be put up in public places around the county, with one being put up in the county courthouse. These ads must be put up at least 4 weeks before the date of sale. These notices must contain all the important information that people need to know about the foreclosure sale.

If the borrower wishes to stop the foreclosure process, he must pay the remaining balance of the loan plus additional costs at least 11 days before the foreclosure sale.

The foreclosure sale must be done at anytime between 9am-4pm, in front of the courthouse door. This must be done on a Friday, unless it falls on a legal holiday, in which case the sale is moved to the next business day. A certificate of sale is awarded to the winning bidder.

The sale must be conducted no less than 190 days from the date of default. And a sale may be postponed up to one week as long as new notices are posted next to the original notices of sale.

Unless rights of redemption have been precluded, the borrower has 8 months to reclaim the property by paying the price for which the property was sold plus interest.

Deficiency suits may not be filed for non-judicial foreclosures while it may be filed if the judicial process is used, provided that the property was not abandoned for 6 months before the decree to foreclose was approved.