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Can the lender come after you for the rest? Deficiency judgments in Washington

After a trustee's sale under a home loan deed of trust, a Washington lender cannot get a deficiency judgment against you. The exceptions in the statute are for commercial loans. If the lender forecloses through a court case instead, a deficiency is possible unless the lender waived it, and the court can credit the home's fair value.

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Reviewed against Washington law and official sources on October 12, 2026. General information, not legal advice.

Deficiency rules in Washington, point by point

  • No deficiency after a trustee's sale

    After a nonjudicial sale

    Except for deeds of trust securing commercial loans, no deficiency judgment can be obtained against any borrower, grantor or guarantor after a trustee's sale under that deed of trust.

    RCW 61.24.100(1)

  • The protection is tied to that deed of trust

    Before or instead of a trustee's sale

    The lender can sue on the debt before a notice of trustee's sale is given or after a trustee's sale is discontinued. The rule also covers only the deed of trust that was sold, so a second mortgage or home equity lender whose lien was wiped out may still be able to sue.

    RCW 61.24.100(2)(a)

  • Court foreclosure: deficiency unless waived

    In the decree of foreclosure

    If the lender forecloses in court and the loan includes a promise to pay, the decree directs that any balance left after the sale can be collected from your other property. If the lender expressly waived a deficiency in its complaint, there is no deficiency judgment.

    RCW 61.12.070

  • Fair value credit in a court foreclosure

    At the confirmation of sale

    The court can set a minimum upset price, or hold a hearing at confirmation to set the property's value and require that fair value be credited on the judgment. If that value covers the debt, no deficiency judgment can be granted.

    RCW 61.12.060

  • Short sale or deed in lieu

    Before you sign

    The bar in RCW 61.24.100(1) applies after a trustee's sale. We did not find a Washington statute that bars a deficiency after a short sale or deed in lieu of a home loan, so the written agreement controls. Ask the lender to waive any remaining balance in writing.

    RCW 61.24.100(1)

  • How long a judgment can be collected

    10 years, can be extended once

    If a deficiency judgment is entered in a court foreclosure, the creditor can use execution or garnishment for 10 years. It can apply in the last 90 days for one more 10-year period.

    RCW 6.17.020(1), (3)

The short answer in Washington

Can the lender come after me for the rest?

Limited

After a trustee's sale under a home loan deed of trust, the lender cannot get a deficiency judgment against you. The exceptions in the statute are for commercial loans. If the lender chooses a court foreclosure instead, a deficiency is possible unless it is waived.

RCW 61.24.100(1)

Common questions in Washington

Can my Washington lender sue me on the note instead of holding a trustee's sale?

RCW 61.24.100(2) lets a lender sue anyone liable on the debt before a notice of trustee's sale is given or after the trustee's sale is discontinued. If you are served with a lawsuit on your mortgage note, call the state foreclosure hotline or a lawyer right away, because the no-deficiency rule after a trustee's sale may not protect you in that case.

If my Washington lender forecloses in court, does a deficiency waiver help me?

Yes, in two ways. If the lender expressly waives a deficiency in its complaint, no deficiency judgment can be entered (RCW 61.12.070). The redemption period after a court sale is also shorter, eight months instead of one year, when the deficiency is waived and the property is not farm land.

My Washington home was sold by the first lender's trustee. Can my HELOC lender still come after me?

Possibly. RCW 61.24.100(1) bars a deficiency after a trustee's sale under that deed of trust, meaning the one that was foreclosed. A second mortgage or home equity line that was wiped out by the first lender's sale is a separate loan, so get advice from a housing counselor or lawyer before you respond to its collection letters.

Step by step

More on foreclosure in Washington

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Washington

Foreclosure mediation Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. RCW 61.12.060 (court foreclosure, upset price and fair value)
  2. RCW 61.12.070 (deficiency in court foreclosure, waiver)
  3. RCW 6.17.020 (10-year execution period)
  4. Chapter 61.24 RCW: Deeds of Trust
  5. RCW 61.24.031 (notice of default; beneficiary's duties; borrower's options)
  6. RCW 61.24.040 (foreclosure and sale; notice of sale)
  7. RCW 61.24.090 (curing defaults before sale)
  8. RCW 61.24.100 (deficiency judgments)
  9. RCW 61.24.163 (foreclosure mediation program)
  10. RCW 61.24.080 (disposition of proceeds of sale; surplus funds)
  11. RCW 6.23.020 (time for redemption from purchaser)
  12. Chapter 61.34 RCW: Distressed Property Conveyances
  13. Washington Department of Commerce: Foreclosure Fairness Program
  14. Washington Homeowner Assistance Fund
  15. RCW 61.24.165 (application of RCW 61.24.163)
  16. RCW 61.24.166 (federally insured depository institutions; exemption)