Washington Foreclosure Laws

Washington foreclosure laws allow both judicial and non-judicial foreclosure processes, but non-judicial foreclosures are far more typical in the state. Most foreclosures in Washington are completed in approximately five months.

Pre-Foreclosure in Washington

If a lender is seeking judicial foreclosure, the lender begins the process by filing a suit against the borrower in court for the default amount. Once the paperwork is filed, the affected parties must wait a at least thirty days to receive a court ruling on the matter. If the debtor is from out of state, this waiting period is sixty days. This waiting period is the pre-foreclosure period that gives the debtor time to reply to the legal action. If the court rules against the debtor, the court rules that the property can be sold. About six to eight weeks after the court's ruling, the foreclosure sale can take place.

In a non-judicial foreclosure, the lender must send a notice of default via mail or process service to the debtor. The lender may also post the notice on the property. The auction is scheduled for thirty days after the notice is delivered. This is the pre-foreclosure stage, during which the debtor has a chance to reply to the notice. The debtor can in fact stop foreclosure up to eleven days before the sale by paying the default amount and additional expenses.

Foreclosure Auction in Washington

If during the pre-foreclosure stage the debtor does not resolve the default, the lender records a notice of auction (sometimes called a notice of sale) with the local county recorder. This notice must be recorded a minimum of ninety days before the auction date. It must also be mailed to all affected parties, including the debtor. In addition, the notice of auction must be published in a local newspaper at least twice. The first publication must take place 32-28 days before the auction. The second publication must take place between 11-7 days before the auction date.

In Washington, foreclosure auctions are open to the public and the winning bidder must be prepared to pay cash at the auction site for the property. In non-judicial foreclosures, the winning bidder receives ownership and can take possession within twenty days of the auction. In this type of foreclosure, there is redemption period. In a judicial foreclosure, there is a twelve month redemption period. If the property is the debtor's main place of residence, the debtor can maintain possession of the home until the redemption period is expired. At any time during the redemption period, the debtor can pay the full amount that is due on the loan as well as additionally incurred costs in order to redeem the property.