Washington is a non-judicial foreclosure state requiring a Notice of Default and 90-day reinstatement period. WA offers foreclosure mediation through its Foreclosure Fairness Program. Free consultation.
Washington is a non-judicial foreclosure state with strong consumer protections under the Washington Foreclosure Fairness Act (FFA, RCW 61.24). The FFA requires lenders to send a 30-day pre-foreclosure notice, offer the homeowner a meeting ("borrower outreach meeting"), and provide access to free foreclosure mediation through a neutral third party. Washington also provides a generous 90-day reinstatement period after the Notice of Default is recorded. The full process typically takes 6-8 months.
Washington is primarily non-judicial — foreclosures are conducted under a deed of trust with a trustee (not a court). Judicial foreclosure exists but is rarely used. The FFA requires: (1) a 30-day pre-foreclosure notice with a list of housing counselors, (2) an offer of a borrower outreach meeting, (3) referral to foreclosure mediation if the homeowner responds, and (4) a neutral mediator to facilitate negotiations. If the lender fails to comply with the FFA, the homeowner can sue to enjoin the trustee sale.
The lender must send a 30-day pre-foreclosure notice that includes contact information for HUD-approved housing counselors and an offer for a borrower outreach meeting. If you respond, the lender must refer you to free foreclosure mediation with a neutral third party. Mediation must occur before a Notice of Default can be recorded. This is a powerful opportunity — the lender must negotiate in good faith at mediation.
The trustee records a Notice of Default. You have a 90-day reinstatement period to cure by paying all past-due amounts plus fees. Washington's 90-day reinstatement is one of the longer cure periods among non-judicial states. During this time, you can still pursue a loan modification, short sale, or deed-in-lieu. If the court ordered mediation and the lender failed to comply, you can seek to enjoin the sale.
After the reinstatement period, the trustee records a Notice of Trustee Sale. The sale date must be at least 90 days after the notice. The notice is mailed, posted on the property, and published. Washington has no post-sale redemption period. However, anti-deficiency protections apply: the lender cannot pursue a deficiency judgment on purchase-money loans for owner-occupied single-family homes under RCW 61.24.100.
Free, neutral mediation before a NOD can be recorded. Lender must send a representative with authority to settle. Good faith required.
After the NOD is recorded, you have 90 days to cure by paying past-due amounts. One of the most generous reinstatement periods in non-judicial states.
Must include housing counselor contacts and an offer of a borrower meeting. Lenders who skip this step can be sued to enjoin the sale.
No deficiency judgment after non-judicial foreclosure on purchase-money loans for owner-occupied single-family homes under RCW 61.24.100.
If the lender violates the FFA, you can file a lawsuit to enjoin (stop) the trustee sale. Courts take FFA violations seriously.
30-day pre-foreclosure + mediation + 90-day reinstatement + 90-day sale notice = approximately 7 months. Mediation extends it further.
Washington's FFA mediation and long timeline give you significant leverage:
We represent you at free foreclosure mediation. The lender must negotiate in good faith. Mediation postpones the NOD.
Use the 90-day reinstatement period to cure. WA's long timeline gives you time to gather funds or negotiate.
Negotiate a permanent modification through FFA mediation. The neutral mediator helps facilitate an agreement.
Automatic stay immediately stops the trustee sale. WA allows federal or state exemptions — choose whichever is more favorable.
Sell or transfer with lender approval. WA's anti-deficiency protects qualifying homeowners from post-sale liability.
If the lender violated the FFA, we sue to enjoin the sale. WA courts award attorney fees to prevailing homeowners.
Request FFA mediation before the NOD is recorded. Free, confidential review. No obligation.
Washington's Foreclosure Fairness Program is your right. Use it. Free consultation.