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Washington Foreclosure Law Summary
WHAT IS A SHORT SALE
Quick Facts
WHY USE SHORT SALE US
- Judicial Foreclosure Available: Yes
SUCCESS STORIES
- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instruments: Deed of Trust, Mortgage
FAQs
- Timeline: Typically 120 days
SHORT SALE NEWS
- Right of Redemption: Yes, but may be precluded.
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In Washington, lenders may foreclose on deeds of trusts or mortgages in
CONTACT US default using either a judicial or non-judicial foreclosure process.
HIRE US Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a
court order to foreclose, is used when no power of sale is present in the
mortgage or deed of trust. Generally, after the court declares a foreclosure,
the property will be auctioned off to the highest bidder.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause
exists in a mortgage or deed of trust. A "power of sale" clause is the clause in
a deed of trust or mortgage, in which the borrower pre-authorizes the sale of
property to pay off the balance on a loan in the event of the their default. In
deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their
representative, typically referred to as the trustee. Regulations for this type of
foreclosure process are outlined below in the "Power of Sale Foreclosure
Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
The notice of sale must be transmitted both by regular mail and by certified
mail, return receipt requested, to the borrower at their last known address,

2. and by regular mail to the attorney of record for the borrower, if any, not less
than thirty (30) days prior to the day of sale.
The sheriff must publish a notice of the sale once a week, consecutively, for
four (4) weeks, in any daily or weekly legal newspaper of of general circulation
published in the county in which the property is located. Additionally, the
sheriff must also post the notice in two public places, one of which must be
the courthouse door, in the county where the sale is to take place for a period
of not less than four weeks prior to the day of sale.
Said notice must contain the time and place of the foreclosure sale, the
names of the parties to the deed, the date of the deed, recording information,
a property description, the terms of the sale, and the borrowers rights (or lack
of) redemption.
The borrower has up to eleven (11) days before the sale stop the foreclosure
process by paying the past due payments, plus expenses, including trustee
and attorney fees.
The sale must be made by auction between 9:00 am in the morning and 4:00
am in the afternoon at the courthouse door on Friday unless Friday is a legal
holiday and then the sale must be held on the next following regular business
day. The sale may not be conducted less than 190 days from the date of
default and the highest bidder will receive a certificate of sale.
The sheriff may postpone the sale (not exceeding one (1) week next after the
day appointed) by giving notice and by posting written notices of the
adjournment under the notices of sale originally posted.
Unless redemption rights have been precluded, the borrower may, within eight
(8) months after the date of the sale, redeem the property by paying the
amount of the highest bid at the foreclosure, plus interest.
If the non-judicial foreclosure process is used by the lender, then it cannot sue
for a deficiency judgment. On judicial foreclosure sales, the borrower can be
sued for a deficiency, unless the property is found to be abandoned for six (6)
months before the decree of foreclosure.
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