- Who sends it
- The buyer at the trustee's sale or its lawyer, served on you with a written complaint
- What it starts
- A short court case with a return date 7 to 30 days after you are served
- Do this first
- Find the return date on the summons and call civil legal aid at 1-800-606-4819 today
What this document is in Washington
After a trustee's sale, RCW 61.24.060(1) says the buyer is entitled to possession on the 20th day following the sale, as against the borrower and grantor, if they were given all the notices the Deed of Trust Act requires. The buyer can then use the summary eviction process in chapter 59.12 RCW, called unlawful detainer.
The case starts with a written complaint describing the property and the facts. A summons is issued with a return date, the day by which you must appear and answer. RCW 59.12.070 says the return date must be at least 7 and no more than 30 days from the date you are served.
An unlawful detainer case after a trustee's sale must comply with the notice rules in RCW 61.24.040 and 61.24.060 (RCW 59.12.032).
What it does and does not mean
- It does not let anyone lock you out or remove your things on their own. Only a court order can do that.
- It does not undo the sale. After a trustee's sale no one has a right to redeem the home (RCW 61.24.050(1)).
- If the buyer filed before the 20th day after the sale, or you did not get the notices the law requires, tell the court and a lawyer.
- If you rented the home from the former owner, different rules apply. A tenant must get 60 days' written notice to vacate unless the new owner offers a new rental agreement (RCW 61.24.146). That rule does not cover the borrower who stays on.
The deadlines and how to count them
- Day 20: count calendar days from the sale date. The buyer is entitled to possession on the 20th day (RCW 61.24.060(1)).
- Return date: printed on the summons, set 7 to 30 days from the date you were served (RCW 59.12.070). Count from the day the papers were handed to you or served as the court allows.
- Respond by the return date in the way the summons tells you. Missing it can lead to a quick judgment against you.
- For an owner-occupied home, money claims against the lender or trustee for fraud, Consumer Protection Act violations or the trustee's failure to follow the law must be brought within two years of the sale, or sooner if a shorter limit applies (RCW 61.24.127).
See after a foreclosure sale in Washington for everything that happens next.
What to do this week
- Write down the return date and the court named on the summons.
- Call the statewide civil legal aid line at 1-800-606-4819, which the Department of Commerce lists for low and moderate income homeowners.
- Gather your foreclosure papers: the Notice of Trustee's Sale, any notice of the sale result, and any letters from the buyer.
- If you want more time to move, ask the buyer in writing. Some buyers offer money to leave by a date. Get any deal in writing.
- Ask the superior court clerk in the county of the sale whether surplus money was deposited under your name. See the Washington surplus notice.
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 can I stay in my Washington home after the trustee's sale?
The buyer is entitled to possession on the 20th day after the sale (RCW 61.24.060(1)). If you have not left, it must file an unlawful detainer case, and the summons sets a return date 7 to 30 days after you are served (RCW 59.12.070). How long the rest takes depends on the court.
Can the buyer change the locks after a Washington foreclosure sale?
The law gives the buyer a right to the court's summary process to get possession (RCW 61.24.060(1)). Do not assume a lockout without a court order is allowed. Call legal aid if it happens.
I am a renter in a Washington home that was foreclosed. Do I have to leave in 20 days?
No. A tenant in possession at the time of the sale must get at least 60 days' written notice to vacate, unless the new owner gives a new rental agreement (RCW 61.24.146, 61.24.060(2)). A tenant can still be evicted for waste or nuisance.
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.
- 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.
Sources
- RCW 61.24.060 (buyer's right to possession; notice to occupants)
- RCW 59.12.070 (unlawful detainer complaint and summons)
- RCW 59.12.032 (unlawful detainer after trustee's sale)
- RCW 61.24.146 (tenants: 60-day notice to vacate)
- RCW 61.24.050 (no redemption after trustee's sale)
- RCW 61.24.127 (claims not waived; two-year limit)
- Washington Department of Commerce: Foreclosure Fairness Program