Under the Revised Code of Washington, there are two different types of foreclosures practiced in Washington; Nonjudicial foreclosures—the most common kind—are governed by the Revised Code Washington Sections 61.24.020 through 61.24.140.1 This type of foreclosure does not require supervision of the courts to complete. Judicial foreclosures, on the other hand, do take place in the civil court system with guidelines and requirements set out in Revised Code of Washington Sections 61.12.040 to 61.12.170.2
Notice Requirements
For a foreclosure to be valid, the mortgage lender must provide a number of notices to the homeowner. These notices are as follows:
- The first notice must occur prior to the beginning of a foreclosure process, notifying the borrower that they have the opportunity to discuss other alternative options that may help them become current on their mortgage and avoid foreclosure.
- The lender must then provide a notice that the borrower has defaulted on the property, signaling the beginning of the foreclosure.
- About 30 days later, the lender can record a notice of sale and must mail a copy to the homeowner. This must happen either 90 or 120 days before the foreclosure sale takes place (depending on the circumstances.
Under the law, a homeowner has the right reinstate the mortgage loan before the sale takes place or to redeem the property within a certain time frame after the sale happens. If this does not occur, the owner must vacate the premises within 20 days of the sale.
Call for a consultation with a Seattle mortgage attorney
Mortgage and foreclosure laws in Washington State can be complicated and confusing. It is no wonder that many homeowners feel lost if they are facing a potential foreclosure. At the Dickson Frohlich Phillips Burgess, our Seattle mortgage attorneys are here to help you and will represent your rights and interest during every step of your foreclosure case. We will strive to find the best solutions for you to stay in your home, so please call today at 206-621-1110 to learn more about how our legal team can help you.
Resources:
1https://apps.leg.wa.gov/rcw/default.aspx?cite=61.24
2https://apps.leg.wa.gov/rcw/default.aspx?cite=61.12
Attorney Robert 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. 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 ]