When The House Is Foreclosed
RCW 61.24.040 — the notice of sale at least 90 days ahead, no sale before 190 days from default, and a cure until the eleventh day before
First, a letter. In Washington, before a notice of default may be issued on a deed of trust, the beneficiary or its agent makes initial contact with the borrower by letter and by telephone. The notice of default may not issue until 30 days after that due diligence if the borrower has not responded, or, if the borrower responds, until 90 days after the initial contact. The letter tells the borrower of the right to request a meeting with the beneficiary.
The notice of sale. At least 90 days before the sale, or at least 120 days before it where that letter was required, the trustee records a notice of trustee's sale, mails it to the borrower and grantor by first-class and by certified or registered mail, and posts it on the property or serves it on an occupant. The sale may not take place less than 190 days from the date of default.
Mediation. Where the borrower received the letter, the notice of sale says it is the final step before the foreclosure sale of the home, and that the borrower has only until 90 calendar days before the date of sale to be referred to mediation.
A cure until the eleventh day. At any time before the eleventh day before the sale, the borrower, the grantor, a guarantor or a junior lienholder may stop the sale by curing the default. For a missed payment, that means paying the trustee the amount then due, apart from principal that would not be due had there been no default, with the trustee's expenses, a reasonable trustee's fee and attorney's fees. The deed of trust is then reinstated as though no acceleration had taken place.
After the sale. The purchaser is entitled to possession on the twentieth day after the sale, as against the borrower and grantor who were given every notice they were entitled to. A tenant in possession receives from the purchaser either a new rental agreement or a written notice to vacate in sixty days or more before the end of the monthly rental period. Any surplus, less the clerk's filing fee, is deposited with the clerk of the superior court and paid out only on that court's order.
The notice of sale and pre-foreclosure contact sections read here are in force until January 1, 2028, when new versions take their place. Loan modification, the federal servicing rules and foreclosure through a lawsuit are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Washington attorney.
Sources for this section (5)
- RCW 61.24.040 — Foreclosure and sale; notice of sale
- RCW 61.24.031 — Notice of default; beneficiary's duties; borrower's options
- RCW 61.24.090 — Curing defaults before sale; discontinuance of proceedings
- RCW 61.24.060 — Rights and remedies of trustee's sale purchaser; written notice to occupants or tenants
- RCW 61.24.080 — Disposition of proceeds of sale; surplus funds
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.