 Washinton Mortgage Loan Modification Guidelines
Foreclosure Process
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
Advertising
The trustee must publish the notice of sale as follows: once between the
32nd and 28th days before the sale, and once between the 11th and 7th days
before the sale.
Mailing
A written notice of the foreclosure sale must be mailed by certified mail,
return receipt requested, to the borrower 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
Time
The time of sale is specified in the notice of sale. It must be not less
than 190 days from the date of default.
Postponement
The trustee may postpone the sale.
Manner
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.
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