IMPORTANT RIGHTS FOR HOMEOWNERS NOTICE OF PRE-FORECLOSURE OPTIONS

You must respond within thirty days of the date of this letter to take advantage of your rights.

IF YOU DO NOT RESPOND within thirty days, a notice of default may be issued and you may lose your home in foreclosure.

IF YOU DO RESPOND within thirty days of the date of this letter, you will have an additional sixty days to meet with your lender before a notice of default may be issued.

YOU SHOULD CONTACT A HOUSING COUNSELOR OR ATTORNEY as soon as possible. Failure to contact a housing counselor or attorney may result in your losing certain opportunities, such as meeting with your lender or participating in mediation in front of a neutral third party. A housing counselor or attorney can help you work with your lender to avoid foreclosure.

MEDIATION may only be requested on your behalf by a housing counselor or an attorney.

If you filed bankruptcy or have been discharged in bankruptcy, this communication is not intended as an attempt to collect a debt from you personally, but is notice of enforcement of the deed of trust lien against the property. If you wish to avoid foreclosure and keep your property, this notice sets forth your rights and options.

SEEKING ASSISTANCE

Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:

RESPONDING WITHIN 30 DAYS

You have the right to request a meeting with a representative of the beneficiary. If you wish to do so, you (or a housing counselor or attorney on your behalf) must request a meeting with a representative of the beneficiary by either:

  1. Responding in writing to the beneficiary

OR

  1. Calling the beneficiary

When you (or your housing counselor or attorney) respond, you should:

  • Indicate that you want to meet regarding the delinquency/foreclosure issues;
  • Provide current contact information;
  • Include contact information for the attorney or housing counselor, if they will represent you at the meeting

Should you designate a housing counseling agency, housing counselor, or attorney to meet with the beneficiary on your behalf, you must notify the beneficiary that one of these parties will represent you and has authority to agree to a loan restructure or modification on your behalf. You must also provide your representative’s name and contact information.

To document your request, a written request for a meeting is recommended. Your request may be sent by certified mail, return receipt requested, or equivalent private delivery service. The request must be made within 30 days of the date of this “Notice of Pre-Foreclosure Options” or you will lose this right to have an additional 60 days to meet and try to resolve your delinquency/foreclosure issues.

THE MEETING

If you request a meeting, the beneficiary will schedule a meeting between you and a representative before a Notice of Default is issued. A housing counselor or attorney may represent you at this meeting.

The purpose of the meeting is to assess your financial ability to modify or restructure the loan obligation or consider other alternatives to foreclosure. Some possible outcomes of the meeting are:

  • a temporary or permanent loan modification;
  • an agreement to conduct a short sale;
  • a deed in lieu of foreclosure transaction;
  • some other workout plan; or
  • no workout agreement.

The meeting may be held telephonically, unless you or your representative requests in writing that a meeting be held in person. The written request for an in-person meeting must be made within 30 days of this letter. If the meeting is requested to be held in person, the meeting must be held in the county where the property is located unless the parties agree otherwise. A person who is authorized to agree to a resolution, including modifying or restructuring the loan obligation or other alternative resolution to foreclosure on behalf of the beneficiary, must be present either in person or on the telephone or video conference during the meeting.

The beneficiary must have at least one “in person” representative at the meeting. In addition, a person authorized to modify the loan obligation or reach an alternative resolution may also participate by phone or video conference during the meeting with you.

If a meeting is requested you should be prepared to present information necessary to assess your financial ability to meet a modified or restructured loan obligation. A housing counselor or attorney may assist you in identifying/preparing the information necessary, as well as any other information that may be of assistance in reaching an agreement. In general terms such information will include:

  • current and future income;
  • debts and obligations; and
  • tax returns for the past two years.

FOLLOWING THE MEETING

The representative(s) of the beneficiary and you or your representatives shall attempt to reach a resolution within 90 days from the date this letter was sent. If the meeting has taken place and an agreement modifying the loan or an alternative resolution is not reached, the beneficiary may issue a Notice of Default 90 days following the date of this Notice, which begins the foreclosure process.

Attorney Robert Dickson

Attorney Robert DicksonThe core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]

    Contact
    our firm

    Attorney Thomas L. Dickson

    Thomas L. Dickson

    Tom is an experienced litigator and the founding partner of the firm. For over 30 years, he’s helped clients prevail in their real estate, construction, and business law matters.

    attorney profile
    Attorney Heather Burgess

    Heather Burgess

    Heather represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through local permitting and appeals.

    attorney profile
    Attorney Robert P. Dickson

    Robert P. Dickson

    The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners.

    attorney profile
    Attorney Daniel J. Frohlich

    Daniel J. Frohlich

    Dan’s legal practice focuses on civil litigation, real estate law, business law and probate law. He has more than 10 years of experience as an attorney serving clients throughout Western Washington.

    attorney profile
    Attorney Mark S. Johnson

    Mark S. Johnson

    Mark’s legal practice focuses on civil litigation, real estate law, business law and family law. He works tirelessly to help his clients achieve the outcome they are looking for.

    attorney profile
    Attorney Trevor A. Zandell

    Trevor A. Zandell

    Since graduating with honors from law school in 2005, Trevor has been serving the legal needs of businesses, individuals, and families across Southwest Washington.

    attorney profile
    Attorney Daniel E. Pizarro

    Daniel E. Pizarro

    As an associate at Dickson Frohlich Phillips Burgess, Daniel is active in the firm’s civil litigation department. His practice is mainly centered around real estate law, landlord-tenant law, construction law, and probate law.

    attorney profile
    Attorney Alexander J. Wisbey

    Alexander J. Wisbey

    Alexander Wisbey comes to the firm with 5 years of experience as a litigator and trial attorney. He has first chaired several jury trials and has extensive experience handling arbitrations, mediations, depositions, and settlements.

    attorney profile
    Attorney Andrew Hata

    Andrew Hata

    Andrew is the head of our Transactional Department and focuses his practice on corporate governance, real estate transactions, commercial contracts, and corporate finance.

    attorney profile
    Attorney Cambria A. Queen

    Cambria A. Queen

    Cambria is an Associate with Dickson Frohlich Phillips Burgess in the civil litigation department, where she practices primarily real estate and probate law.

    attorney profile
    Attorney George Knight

    George Knight

    As an associate at Dickson Frohlich Phillips Burgess, George is active in the firm’s civil litigation and transactional departments. His practice is mainly centered around business law, real estate law, construction law, employment law, and probate law.

    attorney profile
    Attorney Chris Pierce-Wright

    Chris Pierce-Wright

    Chris comes to Phillips Burgess Tacoma from Seattle, where he served as an associate attorney focused on insurance litigation with Wilson Smith Cochran Dickerson.

    attorney profile
    Attorney Jennifer Yoo

    Jennifer Yoo

    Jennifer is an associate attorney at Dickson Frohlich Phillips Burgess where her current practice focuses on real estate law, contract and commercial disputes, and business law.

    attorney profile
    Attorney Kenneth Chan

    Kenneth Chan

    As an associate at Dickson Frohlich Phillips Burgess, PLLC, Kenny is active in the firm’s civil litigation and transactional departments. Prior to working at Dickson Frohlich Phillips Burgess, Kenny was an in-house attorney for a Fortune 100 company.

    attorney profile
    Attorney Brian Buske

    Brian Buske

    Following his graduation from Lewis & Clark Law School, Brian garnered valuable client experience working on international compliance and intellectual property issues.

    attorney profile
    Attorney Matt Wand

    Matt Wand

    Matt was born and raised in East Multnomah County in the Gresham area where he lives and has raised his family. His wife of more than twenty-five years is Anne Wand and they have three children together.

    attorney profile

    testimonials

    I highly recommend Dickson Frohlich Phillips Burgess and if I ever need a lawyer again they will be my first call.

    - Jeremy H.

    I can’t even tell you how much I appreciate this firm! These guys helped me through one of the most challenging legal situations I’ve faced in my life. Their skill and expertise literally saved my business. I’ve dealt with other counsel in the past but the Dickson firm was by far the most competent and tactful counsel I’ve ever received. I would recommend this group to anyone!

    - Keith D.

    It’s a pleasure to work with the guys at Dickson Frohlich Phillips Burgess. One of the first things that stood out to me was how down to earth and friendly everyone at the firm is. I would definitely recommend them.

    - Den L.