Washington foreclosure

The Washington foreclosure process can be either judicial or non-judicial in nature. In cases where there is a power of sale clause in the deed of trust, the non-judicial process will be allowed.

If not the judicial process will be followed. In the judicial process, the lender will file a lawsuit in the courthouse of the county where the property is located. The judge will determine how much you will need to pay to cure the default and allow a bit of time for you to come up with the money.

If you don't pay in the time allowed, then the judge will decree that the house be sold at auction to the highest bidder.

If there is a power of sale clause in the deed of trust, then the non-judicial foreclosure process will be allowed. In other words, no lawsuit will be required.

If the power of sale clause specifies the time, place and terms of the sale, then those terms are followed, otherwise, the non-judicial foreclosure process must proceed as follows:

1. 30 days before the date of the sale a written notice of the sale must be mailed by regular mail and certified mail, return receipt to the borrower and to his/her attorney of record.


2. Once a week for 4 consecutive weeks, an ad of the notice must be published in a newspaper of the county where the property is located.


3. A copy of this notice must also be placed on the door of the courthouse of the county where the property is located and in some other public place.


4. This notice must list the following information: names of the parties, date of the deed, a description of the property, recording information, time, place and terms of the sale and if the borrower has a right to redeem the property, meaning can he/she get the property back by paying the full sale price plus costs.


5. At any time up to 11 days before the sale, the borrower can stop the foreclosure process by paying the amount owed plus any costs incurred.


6. Between 9:00AM and 4:))PM on the date of the sale, the house will be sold at auction to the highest bidder.


7. The earliest the house can be sold is 190 days from the date of the default.