How foreclosure works in Washington

The notices you will receive in Washington, in order

1. Pre-foreclosure letter

   From your lender or its agent, by first-class and certified or registered mail, before any notice of default

   This is the initial contact letter the Foreclosure Fairness Act requires. It says in bold that you must respond within 30 days, and that if you do, you get 60 more days to meet with your lender before a notice of default. The lender must also try to call you at least three times. Respond and call a housing counselor.

   RCW 61.24.031

2. Notice of default

   From the beneficiary or trustee, at least 30 days before a notice of sale; mailed and posted on the home, or handed to you

   It begins THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR LOSING YOUR HOME. It itemizes what you owe to catch up and includes a signed Foreclosure Loss Mitigation Form saying how the lender tried to reach you. It also tells you that a housing counselor or attorney can refer you to mediation.

   RCW 61.24.030(8), 61.24.031(2), (9)

3. Notice that you were referred to mediation

   From the Department of Commerce, within 10 days after a counselor or attorney refers you

   If a housing counselor or attorney refers you, Commerce notifies you, the lender and the trustee, lists the documents each side must send and picks a mediator. You then have 23 days to send your financial worksheet and documents.

   RCW 61.24.163(4) to (6)

4. Notice of Trustee's Sale

   Recorded by the trustee with the county auditor at least 120 days before the sale when the pre-foreclosure letter was required (90 days otherwise)

   It is mailed to you, and posted on the home or served on the people living there. It names the sale date, time and place and the trustee's address and phone. For most homes it adds THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME, with the mediation deadline.

   RCW 61.24.040(1) to (3)

5. Notice of Foreclosure

   Sent with the copy of the Notice of Trustee's Sale mailed to you

   This statement lists your missed payments, late charges and estimated fees, and the date 11 days before the sale by which you must cure. It also explains how to ask the trustee in writing for payoff or reinstatement amounts and how to contest the default in superior court.

   RCW 61.24.040(4)

6. Newspaper notices and postponement notices

   Published once 35 to 28 days before the sale and once 14 to 7 days before; postponement notices by mail

   The notice of sale runs twice in a legal newspaper in your county. If the trustee continues the sale, it announces this at the sale and mails notice of the new date to you. Watch your mail closely in these weeks.

   RCW 61.24.040(5), (10)

7. Buyer's notice and eviction summons

   From the buyer, after the sale; you can be sued on or after the 20th day

   The buyer is entitled to possession on the 20th day after the sale and can file a summary eviction (unlawful detainer) case. The summons gives a return date between 7 and 30 days after you are served. Respond by that date.

   RCW 61.24.060; RCW 59.12.070

The legal steps in Washington

1. Missed payments

   Federal rules generally stop your servicer from starting foreclosure until you are more than 120 days behind. Call the state foreclosure hotline or a housing counselor right away. Some protections depend on acting early.

   12 C.F.R. § 1024.41(f)

2. Pre-foreclosure letter

   Before a notice of default, the lender must contact you by letter and by phone. You must respond within 30 days of the letter. If you respond, you get 60 more days to meet with the lender before a notice of default can be issued. If you do not respond, the notice of default can come after 30 days.

   RCW 61.24.031

3. Notice of default

   The notice of default must be mailed and posted on the property, or personally served, at least 30 days before a notice of sale can be recorded. After you get it, a housing counselor or attorney can refer you to state foreclosure mediation.

   RCW 61.24.030(8); RCW 61.24.163

4. Notice of trustee's sale

   The trustee records and sends a notice of trustee's sale at least 120 days before the sale when the pre-foreclosure letter was required, or 90 days in other cases. The last day for a mediation referral is 90 days before the sale date in that notice.

   RCW 61.24.040(1); RCW 61.24.163(2)

5. Last chance to cure

   You can stop the sale by paying the past-due amounts and allowed costs at any time before the 11th day before the sale date.

   RCW 61.24.090(1)

6. Trustee's sale

   The home is sold at public auction. The sale cannot take place less than 190 days from the date of default. After a trustee's sale no one has a right to redeem the property.

   RCW 61.24.040; RCW 61.24.050

7. After the sale

   The buyer is entitled to possession on the 20th day after the sale and can use the court's summary eviction process if you have not moved. Any surplus is deposited with the superior court clerk.

   RCW 61.24.060; RCW 61.24.080

Common questions in Washington