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Olympia Foreclosure Lawyer | Dickson Frohlich Phillips Burgess

Olympia Eminent Domain Lawyer

When you fall behind on your mortgage payments, you may be facing the loss of your home. Before the lender can take your home from you through foreclosure, there is a process that they must follow. Even if you do not necessarily have the protections that the judicial process would provide, since Washington is a non-judicial foreclosure state, you still have some options before your home can be taken. Further, the lender still must follow Washington law governing foreclosures.

The best thing that you can do when you receive notice that you are in default on your mortgage is to contact an Olympia foreclosure lawyer at Dickson Frohlich Phillips Burgess. We can review your situation to help determine what options may be available to you to avoid foreclosure entirely. We can also help you fight back if the lender has violated Washington or federal law, either in the original loan that they made to you or in how they carried out the foreclosure process. We understand that your funds may be limited when you are facing a difficult financial situation, but hiring an Olympia foreclosure lawyer is a sound investment that you can make to protect your legal rights.

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Olympia Foreclosure Guide

Washington Is a Non-Judicial Foreclosure State

Washington is a judicial foreclosure state, meaning that foreclosures on certain types of properties, particularly those not secured by a deed of trust, must go through the court system. However, most residential properties in Washington are secured by deeds of trust, allowing lenders to use non-judicial foreclosure instead. Non-judicial foreclosure is a faster and less expensive process for the lender. Still, understanding the judicial foreclosure process is important, especially for homeowners with different loan structures or who are facing unique legal circumstances.

In a judicial foreclosure, the lender files a lawsuit in court asking for permission to foreclose. The borrower is served with a summons and complaint and given a chance to respond. If the borrower fails to answer or the court rules in favor of the lender, the court issues a judgment and orders the sale of the property at a sheriff’s auction. The entire process is overseen by a judge, providing borrowers with additional legal protections and opportunities to raise defenses, such as improper loan servicing or errors in documentation. Here, the lender needs to go through the court, or else they cannot foreclose.

One of the key differences between judicial and non-judicial foreclosure is the potential for a deficiency judgment. In a judicial foreclosure, if the sale of the property does not cover the full amount of the loan, the lender can seek a deficiency judgment against the borrower for the remaining balance, unless the borrower qualifies for protections under Washington law or federal statutes.

While judicial foreclosures are less common in Washington, they still occur in certain cases and can have serious consequences. Here, the lender would need to go through the court system to obtain an order before they are able to take your home. If you are facing the possibility of foreclosure, it is important to speak with a knowledgeable Olympia foreclosure attorney. A lawyer can help you understand your rights, explore loss mitigation options, and determine the best course of action to protect your home and financial future.

Legal Protections Under the Washington Foreclosure Fairness Act

TheWashington State Foreclosure Fairness Act (FFA), enacted in 2011, offers critical protections for homeowners facing foreclosure. It mandates that lenders provide homeowners with opportunities for counseling and mediation before initiating foreclosure proceedings. The key legal components of the FFA include the following:

  • Notice of Pre-Foreclosure Options: Before issuing a Notice of Default, lenders must send homeowners a “Notice of Pre-Foreclosure Options.” This notice informs homeowners of their right to request a meeting with the lender to discuss alternatives to foreclosure. If the homeowner requests this meeting, the lender must wait 90 days before proceeding with a Notice of Default. If no meeting is requested, the lender may issue the Notice of Default after 30 days.
  • Foreclosure Mediation Program: Homeowners who receive a Notice of Default may request mediation through the Washington State Department of Commerce. This process involves a neutral third-party mediator assisting the homeowner and lender in exploring foreclosure alternatives. Mediation must be requested by a housing counselor or attorney and can only be initiated after a Notice of Default is issued and before the Notice of Trustee Sale is recorded.
  • Mediation Costs: The homeowner and lender each pay a $200 fee for mediation, totaling $400. This fee must be paid to the mediator prior to the mediation session
  • Lender Participation: Lenders are required to participate in mediation in good faith. If a lender fails to do so, the homeowner may seek a court order to stop the foreclosure and report the lender to theWashington Attorney General’s Office

The Foreclosure Fairness Act provides homeowners with valuable tools to potentially avoid foreclosure. Engaging early with a HUD-approved housing counselor or an Olympia foreclosure attorney can help navigate the process and explore available options.

Common Issues with Non-Judicial Foreclosure

Non-judicial foreclosure is a faster and less expensive alternative tojudicFial foreclosure, but it comes with several common issues that can complicate the process for both homeowners and lenders. Since the process takes place outside of court, it often lacks the oversight and legal protections that borrowers might receive through judicial proceedings.

One major issue is inadequate notice. In some cases, borrowers do not receive proper notice of default or sale, either because of outdated records, improper service, or procedural errors. Without timely notice, homeowners may lose the opportunity to cure the default or contest the foreclosure.

Another concern is lack of transparency. Because there is no court review, errors in the loan documents, misapplied payments, or fraudulent assignments of the deed of trust may go unchallenged. This can lead to unlawful foreclosures, particularly when lenders or mortgage servicers fail to follow the state’s strict procedural requirements.

Communication breakdowns between lenders and borrowers are also common. Homeowners often complain that servicers lose paperwork, fail to respond to requests for loan modifications or proceed with foreclosure while a loss mitigation application is pending—a practice known as dual tracking, which is prohibited under many state and federal laws.

Additionally, non-judicial foreclosure offers limited opportunities for borrowers to raise defenses or obtain relief. Without court involvement, the burden is often on the homeowner to file a separate lawsuit to challenge the process, which requires legal knowledge and resources that many do not have.

Given these risks, it is vital for homeowners facing foreclosure to consult with an experienced Olympia foreclosure defense attorney. An attorney can evaluate whether the lender followed proper procedures, advise on available defenses, and help delay or stop the foreclosure to protect the borrower’s rights and property.

How to Present Defenses to Non-Judicial Foreclosure

Presenting defenses against a non-judicial foreclosure requires prompt and strategic action since this process typically proceeds without court oversight. The first crucial step is to consult an experienced Olympia foreclosure defense lawyer who can evaluate your case, identify valid defenses, and guide you through the legal process.

Since non-judicial foreclosure occurs outside of court, homeowners must often file a separate lawsuit, commonly called a “quiet title” action or a wrongful foreclosure lawsuit, to formally challenge the foreclosure. In this lawsuit, your attorney will present defenses such as procedural errors, improper notice, lack of standing, loan servicing mistakes, or even fraud.

Gathering and organizing evidence is essential. This may include payment records, correspondence with the lender, notices received, and loan documents. Your attorney will use this evidence to prove that the lender or trustee failed to comply with required procedures or that the foreclosure is otherwise improper.

Additionally, your attorney may request a temporary restraining order or injunction to halt the foreclosure sale while the dispute is resolved. Timely filing is critical because once a foreclosure sale occurs, reversing it becomes far more difficult.

By clearly documenting your defenses and following proper legal steps, you increase your chances of stopping or delaying foreclosure, giving you more time to explore alternatives like loan modifications or refinancing.

Alternatives to Foreclosure in Olympia

In Washington State, homeowners facing foreclosure have several alternatives to consider, each offering different benefits and considerations. Here’s an overview of the most common alternatives to foreclosure:

  • Loan Modification: This option involves negotiating with your lender to adjust the terms of your mortgage, such as reducing the interest rate, extending the loan term, or adding missed payments to the loan balance. Loan modifications can make monthly payments more affordable and help homeowners avoid foreclosure.
  • Forbearance: Forbearance allows homeowners to temporarily suspend or reduce their mortgage payments for a specified period. While this doesn’t forgive the debt, it provides temporary relief during financial hardships. It’s essential to understand the repayment terms once the forbearance period ends.
  • Refinance: If you have equity in your home and a good credit score, refinancing can be an option. Refinancing replaces your current mortgage with a new one, potentially at a lower interest rate, which can reduce monthly payments. However, refinancing may not be available if your home is significantly underwater or if housing prices are declining.
  • Repayment Plan: A repayment plan involves spreading out overdue payments over time, allowing homeowners to catch up on missed payments without facing foreclosure. This option is beneficial for those who have experienced a temporary financial setback but can resume regular payments moving forward.
  • Short Sale: In a short sale, the lender agrees to accept less than the full amount owed on the mortgage, allowing the homeowner to sell the property. This option may be suitable if the home’s market value is less than the mortgage balance. While it can impact credit scores, it’s generally less damaging than foreclosure.
  • Deed in Lieu of Foreclosure: This involves voluntarily transferring ownership of the property to the lender in exchange for relief from the mortgage debt. It can help homeowners avoid the foreclosure process and its associated impacts on credit scores. However, lenders may not accept a deed in lieu if there are other liens on the property.
  • Bankruptcy: Filing for bankruptcy can temporarily halt foreclosure proceedings and provide time to reorganize finances. However, bankruptcy has long-term financial implications and should be considered as a last resort.
  • Government Assistance Programs: Programs like the Washington Homeowner Assistance Fund (HAF) provide financial support to homeowners facing hardship. These programs can offer grants or loans to help with mortgage payments and other housing-related expenses.
  • Foreclosure Mediation: Washington’s Foreclosure Fairness Program offers homeowners the opportunity to meet with lenders and explore alternatives to foreclosure. Mediation can help homeowners understand their options and negotiate with lenders to find a resolution.

An Olympia foreclosure attorney can help you consider options in your situation. They can negotiate with your lenders or others who may be able to help you reduce your debt.

Why Choose Dickson Frohlich Phillips Burgess for Your Olympia Foreclosure Case?

Hiring Dickson Frohlich Phillips Burgess for your Olympia foreclosure case means partnering with a dedicated legal team experienced in Washington foreclosure law. They understand the emotional and financial challenges of foreclosure and provide personalized, compassionate representation. Their attorneys are skilled at identifying procedural errors, negotiating with lenders, and exploring alternatives like loan modifications or mediation. With a strong track record of helping clients protect their homes and financial futures, they offer clear guidance and aggressive advocacy tailored to your unique situation. Choosing them ensures you have knowledgeable support fighting to achieve the best possible outcome in your foreclosure case.

Contact an Olympia Foreclosure Lawyer Today

If you are facing foreclosure in Olympia, reach out to an experienced attorney at Dickson Frohlich Phillips Burgess to learn more about your legal rights and options. The best step that you can take to speak to an Olympia foreclosure attorney during a free initial consultation. You should get legal help now to preserve all of your available options. You can speak to an Olympia foreclosure lawyer by messaging us online or by calling us today at (360) 742-3500

Client Testimonial

“I have never been so frustrated trying to work with my bank. I hired Dickson Law Group to represent me and in the manure of just a couple months he was able to get everything fixed. Now due to their efforts my family and I were able to buy a new house and we could not be happier. I highly recommend Dickson Law Group and if I ever need a lawyer again they will be my first call.” – Jeremy Haskins (Google Review)

Dickson Frohlich Phillips Burgess – Tacoma Office

111 21st Avenue Southwest
Olympia, WA 98501
P: (360) 742-3500