Stop Foreclosure Washington

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Washington WA Foreclosure Laws

Lenders in the state of Washington may foreclose on deeds of trusts and mortgages in default using either the judicial or non-judicial foreclosure process.

Judicial Foreclosure

A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property.

Under a foreclosure sale, the borrower can be sued for a deficiency by the lender. The exception is if the property was found to be abandoned for six (6) months prior to the decree of foreclosure.

Non-Judicial Foreclosure

If a power of sale clause exists in the deed of trust or mortgage document, a non-judicial process of foreclosure is used. This allows the lender to sell the property and pay off the balance of the loan in the event the homeowner defaults. The power to sell may be completed by the lender or their representative in situations where a power of sale exists. The procedure for this type of foreclosure process is explained in the "Power of Sale Foreclosure Procedure" listed below.

Power of Sale Foreclosure Procedure

If the deed of trust or mortgage has a power of sale clause and it details the time, place and terms of sale, then the outlined procedure must be followed. However, if the power of sale clause does not clarify the time, place and terms of sale, then a foreclosure sale is conducted as follows:

1. A notice of sale is sent by both regular and certified mail to the borrower at their last known address. If there is an attorney representing the borrower, they must also receive notice no less than thirty (30) days prior to the sale date. The notice must list the time and place of the foreclosure sale, the names of the parties to the deed, the date of the deed, recording information, a property description, the terms of the sale, and the borrowers rights (or lack of) redemption.


2. The notice of sale is published by the sheriff once a week for four (4) success weeks in a newspaper where the property is located. The notice is also posted by the sheriff in two (2) public places of which one needs to be the courthouse door no less than four (4) weeks before the day of sale.


3. The borrower can stop the foreclosure process by paying the past due payments and expenses including trustee and attorney fees. They can stop the foreclosure by doing this up to eleven (11) days before the sale.


4. The sale is by public auction conducted by the sheriff between 9:00 am and 4:00 at the courthouse door on Friday unless Friday is a legal holiday and then the sale must be held on the next following regular business day. The sale is held no less than one hundred and ninety (190) days from the default date.

The borrower may within eight (8) months after the date of the sale, redeem the property by paying the amount of the highest bid at the foreclosure, plus interest, unless redemption rights have been precluded.

A lender can not sue for a deficiency judgment if a non-judicial foreclosure process is used.

Legal Information Is Not The Same as Legal Advice This site provides information about Washington state foreclosure law designed to help users safely cope with their own legal needs and possible find alternatives. Everyone's legal status is different. The laws of every state are in constant change and we recommend you consult a lawyer.