- Who sends it
- The trustee, by mail to everyone who was sent the Notice of Trustee's Sale
- What it starts
- Your chance to file a motion for disbursement in the superior court of the county where the sale took place
- Do this first
- Call that county's superior court clerk and ask about funds deposited under your name
What this notice is in Washington
Under RCW 61.24.080, the trustee pays the sale costs and the loan from the sale money. Any surplus, less the clerk's filing fee, is deposited with the clerk of the superior court in the county where the sale happened, together with a written notice of the amount, a copy of the Notice of Trustee's Sale and an affidavit of mailing.
The trustee must mail copies of those papers to each person who was sent the Notice of Trustee's Sale. The clerk indexes the money under the grantor's name as it appears in the recorded notice. Once the trustee deposits it, the trustee has no further duty for the money.
What it does and does not mean
- It does not mean all the money is yours. Liens that the sale wiped out, such as a second mortgage or a judgment, attach to the surplus in the same priority they had on the home, as the court decides.
- It does not mean the clerk will mail you a check. The clerk pays out only on an order of the superior court.
- It does not require a paid finder. You can file the motion yourself.
The deadlines and how to count them
- To get the money, file a motion asking for disbursement in the superior court of the county where the funds were deposited.
- Serve or mail notice of the motion to everyone the trustee mailed the surplus notice to, and anyone who has appeared, not less than 20 days before the hearing (RCW 61.24.080(3)). Count calendar days back from the hearing date.
- Do not wait. Washington's unclaimed property law presumes money held by a court is abandoned one year after it becomes payable, and it is then reported to the Department of Revenue (RCW 63.30.040(9)).
The Washington surplus funds page explains each step.
What to do this week
- Call or visit the superior court clerk in the county of the sale. Give your name as it appeared on the deed of trust and ask for the case number for the surplus deposit.
- Ask the clerk or the court's self-help resources for how to schedule a motion hearing.
- List any second mortgage, HELOC or judgment liens. They may claim part of the surplus first.
- If you are low or moderate income, call civil legal aid at 1-800-606-4819 for help with the motion.
Scam warnings tied to this notice
- No one may charge more than 5 percent of the surplus returned to you, plus attorney fees and costs a court approves after a hearing. Charging more is a crime and an unfair practice (RCW 61.24.135(3)).
- Any contract to recover your surplus must include a notice that you may cancel within 10 days of signing, not counting Sundays and holidays (RCW 61.24.135(4)).
- Be wary of anyone who asks you to sign over your claim before you have called the clerk yourself.
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
Who holds my Washington surplus after a trustee's sale?
The clerk of the superior court in the county where the sale took place, not the trustee or the lender (RCW 61.24.080(3)). The money is indexed under the grantor's name from the recorded notice of sale.
How much can a surplus recovery company charge in Washington?
No more than 5 percent of the amount returned to you, plus reasonable attorney fees and costs approved by a court after a motion and hearing (RCW 61.24.135(3)). You can cancel such a contract within 10 days of signing.
My second mortgage lender says it gets the Washington surplus. Is that right?
It may. Liens wiped out by the sale attach to the surplus in their order of priority, and the court decides who is paid (RCW 61.24.080(3)). Bring proof to the hearing if you think a lien was paid or is not valid.
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 of DefaultIn Washington, the notice of default is the formal first step of a trustee foreclosure. It lists what you owe to catch up and warns that a notice of sale can follow in as little as 30 days. It also opens your window to be referred to state foreclosure mediation.
- 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.