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Foreclosure Attorneys

Experienced Seattle, Tacoma, Olympia & Portland Foreclosure Attorneys

Facing foreclosure can be a distressing situation, but it’s essential to know that you have various options and alternatives available to you. Whether you are behind on mortgage payments, have received foreclosure papers, or believe your house was wrongfully sold, there are defenses we can pursue to protect your home.

If you are dealing with foreclosure in Seattle or the surrounding areas, our dedicated Seattle foreclosure attorney is here to assist you. At Dickson Frohlich Phillips Burgess, we specialize in real estate law and have extensive experience in handling foreclosure proceedings, ensuring that both parties’ rights are respected and that you are treated fairly throughout the process.

Our experienced foreclosure lawyers will guide you through your rights and legal choices, helping you understand the best course of action. Our ultimate goal is to help you stay in your home, maintain ownership, and resolve the situation with as little stress as possible. You can rely on us to protect your interests and work towards a positive resolution during these challenging times.

Call to schedule a consultation. Seattle – (206) 621-1110, Tacoma – (253) 572-1000, Olympia (360) 742-3500, or (971) 416-0881 (Portland).

Why Should I Hire A Foreclosure Defense Attorney From Dickson Frohlich Phillips Burgess?

When it comes to foreclosure, your home and all the hard-earned money you invested are at risk. Enlisting the expertise of a Dickson Frohlich Phillips Burgess foreclosure attorney can significantly improve your chances of mounting a successful defense or, at the very least, mitigate the harm caused by foreclosure.

Here’s why our attorneys can make a substantial difference in your foreclosure defense:

  • Specialized Skills and Knowledge: Our attorneys have honed their skills and acquired in-depth knowledge of foreclosure cases. We are well-versed in federal and state foreclosure laws, understanding the intricacies of the process. Our guidance will navigate you through this complex maze, highlighting potential dangers while protecting your rights and interests. We will hold the mortgage company accountable to meet their burden of proof before proceeding with foreclosure, exposing any shortcomings in their case.
  • Up-to-Date Legal Information: Foreclosure laws are subject to change, with new regulations being enacted and court decisions that may impact your case. It’s nearly impossible for you, or even a lawyer in a different field, to stay current on all the essential legal aspects of foreclosures.
  • Expertise in Foreclosure Defenses: Foreclosure defenses can be highly technical and complex. After carefully examining your case, our attorneys will pinpoint the relevant issues that may work in your favor. We will gather the necessary facts and skillfully leverage your defenses. Our knowledge of foreclosure defenses makes our efforts more effective and ensures we don’t waste time on unproductive issues.
  • Effective Negotiations: Our attorneys are skilled negotiators who can engage with the mortgage holder on your behalf. Successful negotiations may lead to the cessation or postponement of foreclosure, granting you valuable time to explore alternative options and find a new home. If you lack knowledge and experience in mortgage and foreclosure negotiations, facing this challenge alone can be an uphill battle.

Foreclosure cases are hard enough to defend. Getting a positive outcome may be almost impossible without legal help. Contact our Seattle real estate lawyers or foreclosure lawyers today for help.

How a Washington Foreclosure Lawyer Can Help You

Lenders often feel that they are unfairly treated in foreclosure disputes. Debtors may feel the cards are stacked against them. Dickson Frohlich Phillips Burgess can help you no matter which side of the issue you’re on. We will enforce your legal rights and protect your interests throughout foreclosure.

  • Protection of Your Homeowner’s Rights: Foreclosure proceedings are governed by strict legal procedures that must be followed by all parties involved. The foreclosure lawyers at Dickson Frohlich Phillips Burgess ensure your homeowner’s rights are protected throughout the process. We will closely examine the documentation, ensuring that the lender has followed all necessary steps, and challenge any irregularities or violations of the law. We can take legal action to halt the foreclosure process, allowing you to present your case and explore potential solutions.
  • Negotiation and Mediation: Dickson Frohlich Phillips Burgess understands that many homeowners facing foreclosure desire to keep their homes and regain financial stability. Our lawyers are skilled negotiators who can engage with lenders on your behalf to explore alternatives that may allow you to keep your property. This can involve negotiating a loan modification, lower interest rates, or a more feasible repayment plan that aligns with your current financial situation.
  • Foreclosure Defense: If you wish to fight the foreclosure in court, our foreclosure lawyers are prepared to defend your rights vigorously. We will examine the lender’s actions to ensure they comply with all applicable laws and challenge any irregularities or discrepancies in the foreclosure process.
  • Knowledge of Loss Mitigation Programs: Washington offers various loss mitigation programs designed to assist struggling homeowners. Our foreclosure attorneys are well-versed in these programs and can help you explore eligibility and navigate the application process.
  • Guidance on Bankruptcy Options: In some cases, filing for bankruptcy may be a viable option to halt the foreclosure process and reorganize your debts. Our attorneys can advise you on whether bankruptcy is the right choice for your situation and, if so, guide you through the process.

Understanding Foreclosure

Foreclosure is the process lenders use to end an individual or entity’s legal right to property.  This can happen only when the owner hasn’t made the required payments according to their lending agreement. Lenders use one of two processes to foreclose on properties in the event of a default in Washington State: judicial or non-judicial (commonly called “power of sale”).

Power of Sale Foreclosure

The most common foreclosure process is “foreclosure by the power of sale” or a “trustee’s foreclosure.” It’s a non-judicial form of foreclosure that can be used if the deed of trust authorizes it and the borrower defaults on the loan. This language pre-authorizes the property’s sale to cover the balance of the loan.

In a non-judicial foreclosure, where the court is not directly involved, strict adherence to specific provisions, procedures, and formalities becomes crucial for the trustee or lender overseeing the foreclosure process. In Washington, the governing statutory requirements for non-judicial foreclosures are outlined in Chapter 61.24 of the Revised Code of Washington.

Legal counsel is essential so the lender and the borrower can understand and comply with these guidelines.

Judicial Foreclosure

If there’s a judicial foreclosure, a power of sale clause wasn’t part of the original deed of trust or other mortgage instrument. If there’s a default, the lender relies on the court system to order a foreclosure on the property. Once the lender has filed for the right to foreclose, the court decides whether the borrower defaulted on the loan. If so, before the lender can sell the property, the borrower has a date to pay what’s owed and satisfy the default.

Regardless of your process, Seattle & Tacoma foreclosure attorneys can defend your rights and ensure you’re treated fairly.

A Foreclosure Lawyer In Seattle Can Help You Get The Most From The Washington Foreclosure Fairness Program

The fact that foreclosure has started doesn’t mean you’ll lose your house. The State of Washington’s Foreclosure Fairness Act created the Foreclosure Fairness Program. It forces lenders to negotiate with real estate owners to try to avoid foreclosures. If negotiations fail, the Foreclosure Fairness Program allows homeowners to mediate with lenders to negotiate a settlement agreement.

As part of a settlement agreement, a non-foreclosure outcome could be:

  • A loan modification that makes monthly payments more affordable.
  • If you owe more than the home is worth, we may negotiate a short sale where you sell the house, and the lender agrees to take a loss without pursuing you for the balance due.
  • Instead of a sale, you may agree that the lender gets the property deed if it doesn’t collect on what you owe — or at least not all of it.

Usually, a lender will need to see proof of financial hardship before making these changes. An experienced foreclosure defense attorney can identify any options available to you under this program and can represent you in negotiation or mediation proceedings.

If the parties can’t agree, bankruptcy may be a good option. Depending on how much you owe to whom, bankruptcy protection may allow you to limit or discharge other debts, allowing you to focus your resources on paying your mortgage. A bankruptcy filing would also prevent a foreclosure action from going forward.

Foreclosure Defenses

Our attorneys possess a range of effective defenses to challenge foreclosure proceedings tailored to the specific facts of your case. These defenses may include:

  • Procedural Errors: We scrutinize the foreclosure action’s initiation to identify any serious mistakes made by the foreclosing party in following proper procedures. Such errors should not be overlooked and can form a solid basis for defense.
  • Unfair Mortgage Terms: If the terms and provisions of your mortgage agreement are deemed unjust or excessive, we will advocate that they should not be enforced. For instance, this defense may apply if the lender exploits your vulnerability due to infirmity, illiteracy, or language barriers to protect your interests.
  • Lack of Standing: We investigate whether the foreclosing party has the legal right to collect the debt, as they must demonstrate their standing to pursue foreclosure. Complex scenarios involving multiple sales of mortgage ownership may result in the loss of essential information and documents.
  • Mortgage Servicer Mistakes: Our attorneys will carefully examine the actions of your mortgage servicer, as they might have made significant errors while handling your loan. This could include improper crediting of payments, excessive fees not authorized in the mortgage contract, or an inaccurate claim of the amount owed.
  • Statute of Limitations: If the statute of limitations has expired, we will assert that it is too late for the foreclosing party to initiate court proceedings against you.
  • Incorrect Affidavits or Declarations: If the foreclosure process began with an affidavit or declaration containing incorrect information, we will use this as a defense to challenge the validity of the proceedings.
  • Servicemembers Civil Relief Act (SCRA) Protections: If you are an active-duty member of the United States military and obtained the mortgage before entering service, you have special protections under the SCRA. We will uphold your rights and advocate for a judicial foreclosure instead of a power of sale agreement.

A Tacoma foreclosure attorney will investigate your situation, identify defenses, and use them to strengthen your case. Contact our foreclosure lawyers or our Tacoma real estate attorneys today to get started.


Can the borrower stop the foreclosure process in Washington?

Yes, the borrower can stop the foreclosure process in Washington by curing the default. This involves paying the overdue amount and any applicable fees and costs before the foreclosure sale date. Alternatively, the borrower may explore options such as loan modification or repayment plans with the lender.

What happens to the foreclosed property after the sale?

Once the foreclosure sale is completed, the property becomes the possession of the highest bidder, which is often the lender. If no bidders exist, the property reverts to the lender as an REO (Real Estate Owned) property. The lender may sell the property or hold onto it for future purposes.

What happens during the foreclosure mediation process?

During the foreclosure mediation process, the borrower and the lender meet with a neutral third-party mediator to discuss potential alternatives to foreclosure. These alternatives may include loan modifications, repayment plans, short sales, or other foreclosure avoidance options.

What happens to any surplus funds from the foreclosure sale?

If the foreclosure sale generates more money than is required to pay off the debt and associated costs, the surplus funds will be paid to the borrower. However, if there are junior lienholders or other creditors, the surplus will be distributed to them in order of priority.

Contact a Foreclosure Lawyer in Seattle, Tacoma, Olympia & Portland today and Get Help with Home Foreclosure

Navigating through foreclosure can be an overwhelming and complex legal journey. Whether you find yourself in the early stages of pre-foreclosure due to missed payments, facing an impending auction sale, or dealing with the aftermath of your home being sold at auction and the possibility of eviction, you don’t have to face it alone.

Dickson Frohlich Phillips Burgess offers vital advice, explores alternative solutions, and provides the assistance you need to tackle this challenging situation. Call to schedule a consultation. Seattle – (206) 621-1110, Tacoma – (253) 572-1000, Olympia (360) 742-3500, or (971) 416-0881 (Portland).