~ Washington Foreclosure Process

Notice of Default

Start of the foreclosure process. Notice of Default is transmitted, posted or served.
RCW 61.24.030

If Deed of Trust made between 1/1/03 and 12/31/07 against owner-occupied residential real property, borrower gets at least 30 days from initial contact by beneficiary or its agent before Notice of Default. Contact must be actual or attempted with due diligence and Notice to be accompanied by declaration so stating.
Engrossed Senate Bill 5810, Sec. 2 1(a) & (b), effective 7/26/09).

While the homeowner must receive a Notice of Default, it is not commonly recorded in Washington, and therefore PropertyRadar does not track NODs as preforeclosures.

Notice of Trustee Sale

Sets auction date. The Notice of Trustee Sale transmitted, posted or served at least 30 days after the Notice of Default is recorded.
RCW 61.24.030(7)
(section citation amended to RCW 61.24.030(8) pursuant to Engrossed Senate Bill 5810, effective 7/26/09). This is the first notice related to the foreclosure that becomes public record.

Publication is during the 4th and 2nd weeks before sale.
RWC 61.24.040(3)

Auction

Initial auction date. At least 90 days from service of Notice of Trustee Sale.
RCW 61.24.040(1)(a)

At least 190 days from date of default
RCW 61.24.040(8)

The sale occurs on a Friday, or if Friday is a legal holiday on the following Monday.
RCW 61.24.040(5)

Auction may be postponed for up to 120 days before process must restart.
RCW 61.24.040(6)

Default may be cured with loan reinstated up to the 11th day before sale if debt brought current with no acceleration
RCW 61.24.090(1)

Trustee’s Deed

Transfers property to highest bidder.
Possession granted 20 days after the sale.
RCW 61.24.060(1)

If tenant occupied then purchaser must give 60 day notice
RCW 61.24.060(2)
(but see 90 day Federal Rule. Protecting Tenants at Foreclosure Act. Public Law 111-22, Sec. 702)

There is no right of redemption.
RCW 61.24.050

There is no deficiency judgment.
RCW 61.24.100

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