- Who sends it
- The beneficiary (lender) or the trustee, by first-class and certified or registered mail, plus posting on the home or personal service
- What it starts
- At least 30 days before a notice of trustee's sale, and the window to be referred to mediation
- Do this first
- Call 1-877-894-4663 today and ask a housing counselor whether to refer you to mediation
What this document is in Washington
Under RCW 61.24.030(8), a written notice of default must be sent at least 30 days before a notice of sale can be recorded, sent or served. It goes to you by both first-class mail and certified or registered mail, and a copy is posted in a conspicuous place on the home, or it is handed to you in person.
For a home with 1 to 4 units, the notice must begin with this statement: "THIS NOTICE IS ONE STEP IN A PROCESS THAT COULD RESULT IN YOUR LOSING YOUR HOME." It must list the hotline, HUD and civil legal aid phone numbers, and name the holder of the note and the servicer with an address and phone number. Notices since mid-2018 show the current beneficiary, servicer and trustee at the top of the first page.
It must also come with a signed Foreclosure Loss Mitigation Form. That is the lender's sworn statement that it met with you after the Notice of Pre-Foreclosure Options, tried with due diligence to reach you, or that you surrendered the home (RCW 61.24.031(2), (9)).
What it does and does not mean
- It does not set a sale date. A separate Notice of Trustee's Sale does that.
- It shows an itemized amount needed to reinstate the loan before a notice of sale is recorded. After that, more costs and fees get added, which the notice itself warns about.
- It says you can go to court to contest the default on any proper ground (RCW 61.24.130).
- It is your ticket into mediation. Once it is issued, a housing counselor or attorney can refer you to the state Foreclosure Mediation Program.
The deadlines it starts and how to count them
- Count 30 calendar days from the date of mailing on the notice, or from the date it was personally handed to you. A notice of sale cannot be recorded, sent or served before then (RCW 61.24.030(8)).
- The notice must say that the sale can be no less than 150 days away if you got the pre-foreclosure letter, or 120 days otherwise (RCW 61.24.030(8)(g)).
- Mediation must be requested from now until 90 calendar days before the sale date listed in the Notice of Trustee's Sale. If an amended notice of sale is recorded after a court stay, the cutoff is 25 calendar days before the new date (RCW 61.24.163(2)).
- If you are referred before the notice of sale is recorded, the trustee cannot record it until the mediator certifies that mediation is done (RCW 61.24.163(19)).
The Washington foreclosure mediation page explains each step of mediation.
What to do this week
- Find the mailing or service date on the notice and mark 30 days later on your calendar.
- Read the Foreclosure Loss Mitigation Form. Check which box is marked and whether it is true.
- Call the hotline at 1-877-894-4663. Ask a counselor to review your case and refer you to mediation if it may help. You cannot refer yourself.
- Check the itemized reinstatement amount. If a fee looks wrong, write to the servicer and ask for an explanation.
- Keep the notice and envelope. The Notice of Trustee's Sale must later state when and how this notice was sent to you.
- See how to stop foreclosure in Washington for other options.
State help and scam warnings
The notice itself says: "BE CAREFUL of people who claim they can help you. There are many individuals and businesses that prey upon borrowers in distress." The Department of Commerce says counseling through the hotline is free, and low and moderate income homeowners can call the statewide civil legal aid line at 1-800-606-4819.
- Mediation costs you half of the mediator's fee, capped at $400 for a session of 1 to 3 hours unless the department allows more (RCW 61.24.163(20)). Counseling itself is free.
- Washington's distressed property law sets contract and notice rules for rescue companies and anyone who offers to buy your home and rent it back (chapter 61.34 RCW).
- More help is on the Washington foreclosure help page.
The rest of the Washington process
See how foreclosure works in Washington, the timeline, ways to stop it and free help in Washington, or read the national guide to this letter.
Common questions
How long after a Washington notice of default can my home be sold?
A notice of sale can come 30 days after the notice of default, and the sale must be at least 120 days after the notice of sale is recorded when the pre-foreclosure letter was required (RCW 61.24.030(8), 61.24.040(1)). No sale can be less than 190 days after the default (RCW 61.24.040(12)).
When is it too late to ask for Washington foreclosure mediation?
A counselor or attorney must refer you no later than 90 calendar days before the sale date in the Notice of Trustee's Sale (RCW 61.24.163(2)). After that, the lender may agree in writing to mediate but does not have to.
My Washington notice of default was posted on my door. Is that valid?
Posting is one of the ways the law allows. The notice must be mailed by first-class and certified or registered mail and also either posted on the home or handed to you (RCW 61.24.030(8)).
Can I just pay the amount on the notice of default to stop it?
The notice shows the amount needed to reinstate before a notice of sale is recorded. Even after that, you can cure until 11 days before the sale (RCW 61.24.090), but the amount will grow. Ask the servicer or trustee for a current figure in writing.
Other Washington letters
- Notice of Pre-Foreclosure OptionsIn Washington, your lender must send this letter before it can issue a notice of default. If you respond within 30 days, you get 60 more days and a meeting with someone who can approve a workout. It is not a foreclosure yet, and it is your earliest chance to slow the process down.
- Notice that you have been referred to mediationAfter a housing counselor or attorney refers you, the Washington Department of Commerce sends everyone a notice that you have been referred to foreclosure mediation and picks a mediator. The notice starts your 23 days to send your financial papers. While mediation runs, the trustee must wait for the mediator's certification.
- Notice of Trustee's Sale (with Notice of Foreclosure)The Notice of Trustee's Sale sets the date, time and place of the auction. For most homes it says "THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME." Your copy comes with a Notice of Foreclosure that lists the cure amount and the last day to cure, 11 days before the sale.
- Unlawful detainer (eviction) summons after a trustee's saleIn Washington, the buyer at a trustee's sale is entitled to possession on the 20th day after the sale. If you are still in the home, the buyer must file an unlawful detainer case. The summons gives a return date 7 to 30 days after you are served, and only a court order can remove you.
- Trustee's notice of surplusIf your home sold for more than the loan and sale costs, Washington law makes the trustee deposit the extra with the superior court clerk and mail you notice. The court, not the trustee, pays it out. You file a motion in that court, and junior liens are paid in priority order.