Washington foreclosure laws: how the process works and how long it takes

In Washington, most foreclosures happen without going to court, though a lender can choose to sue instead. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.

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By Ross Kilburn
Law checked Mar 4, 2026. Deadlines rechecked Nov 4, 2026. HOA rules rechecked Oct 28, 2026. · See the 20 sources · How we check our guides
Data from

Washington at a glance

Does a Washington foreclosure go through a court?
Usually not, though a lender can choose to sue instead.
How long does it take?
No law sets a total length. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.
How far behind can you get before it starts?
Usually more than four months of missed payments.
Can you catch up to stop it?
Yes in some cases, for at least 30 days, with conditions. Deadlines by kind of foreclosure
Can you get the house back after the sale?
No, after a sale without a court (a trustee sale), the usual kind in Washington. After a sale through a court, up to 8 months after the sale or up to 1 year after the sale; conditions apply, and the table says which.
Can the lender come after you for what the sale doesn't cover?
In some cases. State law limits it.
Is there mediation?
Yes: the Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program. How to sign up
How many Washington homeowners are 90+ days behind?
The share of borrowers with a mortgage who were 90+ days behind was 0.7% in the first quarter of 2025, lower than the U.S. (1.2%). How Washington compares

What "without a court" means for you in Washington

Also allowed in Washington

Through a court

The lender files a lawsuit, and a judge has to approve the sale. You can answer in court, and no law sets how fast a case goes.

Washington

Without a court

The lender or a trustee sends the notices the law requires and sells the home at a public sale. There's no lawsuit unless you file one, so the dates in each notice matter most.

How foreclosure works in Washington, step by step

The 6 steps of a foreclosure in Washington, and the time the law gives each

Each step in order, with the time the law gives it. 6 of the 6 have a time set in law; "No set time" means the lender sets the pace.

  1. At least 30 days before the notice of default Pre-foreclosure contact
  2. At least 30 days before the sale notice You get a notice of default
  3. At least 90 days before the sale The sale is advertised
  4. At least 90 days before the sale Mediation, if a counselor or attorney refers you
  5. At least 190 days after you fall behind The home is sold at auction
  6. 20 days You may be asked to leave
Source: Washington law and federal rules, as cited at each step; American Default Research state law file, checked Mar 4, 2026 American Default Research · americandefault.org/help/laws/washington/
Each step in detail, with the law behind it

  1. Step 1

    Pre-foreclosure contact

    Notice of default no sooner than 30 days after the required contact efforts are completed (no response), or 90 days after initial contact (borrower responds)

    The beneficiary or authorized agent must contact the borrower by letter and telephone before issuing a notice of default. Source RCW 61.24.031

  2. Step 2

    You get a notice of default

    At least 30 days before notice of sale is recorded

    At least 30 days before recording or serving a notice of trustee sale, the trustee mails a notice of default to the borrower and posts it on the property (or personally serves it). Source RCW 61.24.030(8)

  3. Step 3

    The sale is advertised

    Recorded, mailed, and posted or served at least 90 days before sale (120 days if the pre-foreclosure contact letter was required); published twice in newspaper

    The trustee records the notice of trustee sale in the county auditor's office at least 90 days before the sale date, or at least 120 days before it when the pre-foreclosure contact letter under RCW 61.24.031 was required. Source RCW 61.24.040

  4. Step 4

    Mediation, if a counselor or attorney refers you

    A housing counselor or attorney can refer you any time after the notice of default, and no later than 90 days before the sale date in the notice of sale (25 days before the date in an amended notice, if a court stayed the sale and it was re-noticed)

    A housing counselor or attorney may refer the borrower to the Foreclosure Fairness Program mediation no later than 90 calendar days before the sale date in the notice of trustee sale. Source RCW 61.24.163

  5. Step 5

    The home is sold at auction

    In most cases, no sooner than 190 days after the date of default, and at least 90 days after the notice of sale is recorded (120 days if the pre-foreclosure contact letter was required)

    The sale takes place on the date, at the time, and at the public place in the county named in the notice of sale. Source RCW 61.24.040

  6. Step 6

    You may be asked to leave

    In most cases, 20 days after the sale (the buyer's right to possession starts on the 20th day)

    No right to buy the home back follows a trustee's sale (RCW 61.24.050). Source RCW 61.24.060

Deadlines for stopping a foreclosure in Washington

Catching up means paying what you've missed, plus late fees and the trustee's and attorney's costs, but not the whole loan. How late you can do it depends on the kind of foreclosure.

Deadlines for catching up, after the sale and other steps in Washington
Kind of foreclosureDeadlineWhat starts the clock
Without a courtAny home Before the 11th day before the sale Counts back from the sale date in the recorded notice. If the trustee postpones the sale, count from the actual sale date. Source RCW 61.24.090(1)
Through a courtLoans not yet fully due Until final judgment Pay the overdue principal and interest plus costs into court before final judgment, and the case is put on hold. Source RCW 61.12.130
After the sale
Without a courtAny home No buying back After a trustee sale, no one has any right to buy the home back. Source RCW 61.24.050
Through a courtNonfarm loans, shortfall claim waived Up to 8 months after the sale For a nonfarm mortgage signed after June 30, 1961, when the lender gave up suing you for any shortfall in its complaint. Source RCW 6.23.020(1)(a)
Through a courtMost other court sales Up to 1 year after the sale The clock starts on the sale date. Some laws can remove this right in certain cases. Source RCW 6.23.020(1)(b)
Other deadlines and rules
Without a court Within 30 days of the date on the letter Your lender's first letter has to say this in bold. If you respond, the lender must wait 90 days after first contact before it can issue a notice of default. If you don't, it can issue one 30 days after it finishes its required efforts to reach you. Source RCW 61.24.031(1)
Without a court By the 90th day before the sale To use the Foreclosure Fairness mediation program, a housing counselor or an attorney has to refer you by then. Count back from the sale date in the notice of trustee's sale. If the sale is stopped and a new notice is recorded, the cutoff is 25 days before the new sale date. Source RCW 61.24.163(1)-(2)
Without a court Within 23 days of the state's mediation notice Send the money worksheet and the other papers the notice lists to the mediator and your lender. Your lender then has 20 days after it gets them to send its own. Source RCW 61.24.163(6)(a)
Through a court Within 20 days after you are served Don't count the day you were served. It is 60 days if you were served by publication or outside Washington. If you don't answer in time, the court can enter a default judgment against you. Source CR 12(a)(1)-(3)

Not sure which kind yours is? A court summons or lawsuit means a court foreclosure. A notice of default or notice of sale with no lawsuit means one without a court.

Asking for help: For covered loans and servicers, receiving a complete application more than 37 days before a scheduled sale can require the mortgage company to wait while it evaluates it. Prior applications and other exceptions matter. Ask the company to confirm receipt and what is still missing; preparing a package here does not pause a sale.

How far behind can you get before a Washington foreclosure starts?

More than 120 days, about four months of missed payments, for most loans on the home you live in. The federal rule has exceptions, such as a reverse mortgage, or a sale or transfer of the home without the lender's OK.

Your mortgage company generally has to try to reach you by day 36 and send a letter about help options by day 45.

What you can do at each step of a Washington foreclosure

What tends to go wrong for people at each point, and the step that answers it.

What you can do at each step of a foreclosure in Washington
WhenWhat goes wrongWhat you can do
You've missed a payment You're told to wait, or passed from person to person, while the clock runs. Ask your mortgage company (the servicer, the company on your statement) what help it offers, in writing, and keep a copy of everything you send and get. A complete application sent well before any sale date has to be reviewed before the sale can go ahead Source 12 CFR §1024.41. How a loan modification works.
The first notice arrives Foreclosure keeps moving while your application is still being reviewed. Every notice has a date on it, and that date is what you plan around. The lender has to send you notice at least 90 days before the sale. You can also ask about the Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program.
A sale date is set The sale is days or weeks away. A HUD-approved housing counselor or legal aid can help right away. Both are free. Paying what you're behind can stop the sale only where Washington's catch-up rule allows it. Filing for bankruptcy usually pauses a sale while the automatic stay lasts, though the stay has exceptions and can be short for someone with a recent dismissed case Source 11 U.S.C. §362.
After the sale Money left over sits unclaimed, or you're told to leave at once. After a sale without a court (a trustee sale), the usual kind in Washington, there is no right to buy the home back. After a sale through a court there can be a window: the rule is below. If the sale brought in more than was owed, you may be able to claim what is left after costs and other liens. Removing you still takes the notice and court process state law sets.

Signing up for the Washington Foreclosure Fairness Program

Contact a housing counselor or attorney to ask for a referral to the state mediation program.

Deadline
The referral must reach Commerce after the notice of default and by the 90th day before the trustee sale date.
Cost
You and the lender each pay half of the mediation fee. Extra sessions may cost more.
Does it stop the sale?
Ask your counselor whether a referral postpones your scheduled sale.

Read Washington's mediation rules commerce.wa.gov

Can your HOA or condo association foreclose in Washington?

If you fall behind on association dues, the association can put a lien on your home. If it forecloses for unpaid dues, these rules apply, not the mortgage deadlines.

Where a row says “Not found in the law,” the sections we read don't address that point. It doesn't mean the answer is no.

Can it foreclose, and how?

In some cases. Under the Washington Uniform Common Interest Ownership Act, associations may sue in court, or use a trustee sale without court if the declaration grants a power of sale. Older condo law allows the same conditional choices. Older HOA law requires a lien in the governing documents. Co-op interests follow separate sale rules for real or personal property.

Read the law's words
“…ssociation's lien may be foreclosed judicially in accordance with chapter 61.12 RCW, subject to any rights of redemption…” app.leg.wa.gov

Is there a minimum debt or a waiting period?

Before foreclosure, unpaid assessments alone have to reach the greater of three months' dues or $2,000. At least 90 days then have to pass after that amount builds up. The board also has to vote on foreclosing your specific home.

Read the law's words
“…sum equal to the greater of: (i) Three months or more of assessments, not including fines, late charges, interest, attorneys' fees, or costs in…” app.leg.wa.gov

What notices come first?

The association has to mail you a first delinquency notice within 30 days after an assessment is late. It has to mail a second notice once dues are at least 90 days late and at least 60 days after the first notice. A mediation referral has to finish before foreclosure starts: until the mediator certifies it's done, or 10 days after that certification was due.

Read the law's words
“…d by law. (21)(a) No later than 30 days after an assessment becomes past due, an association must provide a notice of delinquency to a unit owner by fi…” app.leg.wa.gov

Do you have a right to a payment plan?

Not found in the law

Can the HOA's claim go ahead of the mortgage?

For newer common interest communities and some condos, up to six months of common dues can come ahead of an earlier mortgage in a court foreclosure. A sale without court gives up that priority. Older condo law puts mortgages of record first.

Read the law's words
“…operative. (3)(a) A lien under this section also has priority over the security interests described in subsection (2)(b) of this section to the extent of an amount…” app.leg.wa.gov

What protects you?

Association liens under the newer common interest and condo acts are outside the homestead exemption (the legal protection for your home). You get two notices before foreclosure. You may seek a housing counselor's help exploring a repayment plan and mediation.

Read the law's words
“…r this section is not subject to chapter 6.13 RCW. (6) If the association forecloses its lien under this section nonjudicial…” app.leg.wa.gov

Can you buy the home back after the sale?

A court foreclosure can carry a right to buy the home back. Under the newer act, the period is eight months if the association gives up its claim for any leftover debt (a deficiency claim). A trustee sale gives you no right to buy the home back after the sale.

Read the law's words
“…hapter 61.12 RCW, subject to any rights of redemption under chapter 6.23 RCW. (b) The lien may be enforced nonjudicially in the…” app.leg.wa.gov

Source Washington law

Who these rules cover: Rules differ under the Washington Uniform Common Interest Ownership Act, Condominium Act, Homeowners' Associations Act, and Horizontal Property Regimes Act; the newer act also covers co-ops.

Protections in Washington law

Open one to read the rule in the law's own words.

Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program State program

After receiving a notice of default, homeowner contacts a housing counselor or attorney. The counselor/attorney evaluates the situation and, if appropriate, submits a mediation referral to the Department of Commerce. The referral must be made after the notice of default is issued and no later than 90 calendar days before the sale date in the notice of trustee sale. If an amended notice of trustee sale is recorded after a trustee sale was stayed under RCW 61.24.130, referral must be made no later than 25 calendar days before the amended sale date. After the applicable referral window, the borrower and beneficiary may agree in writing to mediation, but neither has a duty to agree. Applies to: Deeds of trust on residential real property of up to four units, except those securing a commercial loan, a seller-financed sale, or obligations of a grantor who is not the borrower or a guarantor, and except where the grantor or titleholder is a partnership, corporation, or LLC. Beginning January 1, 2026, also applies to unit owners in common interest communities (CICs) facing foreclosure of association liens for delinquent assessments (SB 5686). More on the Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program.

Catching up after the loan is called due (reinstatement) State law

For a trustee sale, you must reinstate before the eleventh day before the scheduled sale. If the trustee continues the sale, the law uses the actual sale date. For a court foreclosure with later installments still due, paying the overdue installments and costs before final judgment can stay the case. Source RCW 61.24.090(1)

No foreclosing while your application is under review State law

Washington rules for residential mortgage loan servicers (WAC 208-620-551) bar a servicer subject to those rules from referring a delinquent mortgage to foreclosure after it has received the homeowner's loan modification application but has not evaluated the homeowner for all available loan modifications. The same rules bar any collection activity while a complete loan modification application is being reviewed or while the borrower is making trial or permanent modification payments. Separately, if a homeowner is referred to mediation under the Foreclosure Fairness Act (RCW 61.24.163), the trustee generally may not record the notice of sale, or hold a sale already noticed, until it receives the mediator's certification that mediation is complete. When 12 C.F.R. § 1024.41 applies to a mortgage secured by the borrower's principal residence and the borrower submits a timely complete loss-mitigation application, the rule may restrict specified foreclosure filing, judgment, or sale activity under the timing and conditions in 12 C.F.R. § 1024.41(f)(2) and (g). The rule does not require a servicer to offer any particular loss-mitigation option. Additionally, violations of RCW 61.24.031 (failure to exercise due diligence in contacting borrower) and RCW 61.24.163 (mediation bad faith) are per se violations of the Consumer Protection Act. Source WAC 208-620-551

A review of your application for help State law

Before issuing a notice of default on a deed of trust on residential property of up to four units, the beneficiary must contact the borrower by letter and phone, or show it tried with due diligence, and if a meeting is requested, must assess the borrower's ability to modify or restructure the loan and discuss options to avoid foreclosure (RCW 61.24.031). If the borrower is referred to mediation, the beneficiary, unless exempt under RCW 61.24.166, must participate in good faith with a person authorized to agree to a resolution including modifying or restructuring the loan obligation (RCW 61.24.163). Source RCW 61.24.031

Contact before foreclosure State law

Written letter (first-class and certified/registered mail) and telephone contact attempts Source RCW 61.24.031

Foreclosure Fairness Act - CPA Tie-In State law

Violations of the duty of good faith in mediation (RCW 61.24.163), failure to comply with borrower contact requirements (RCW 61.24.031), and failure to comply with requirements of RCW 61.24.190 are per se unfair or deceptive acts in violation of the Consumer Protection Act (RCW 19.86). A homeowner injured by a violation can sue for actual damages, costs, and reasonable attorney fees, and the court may, in its discretion, increase the damages up to three times actual damages, with the increase capped at $25,000. Source RCW 61.24.135

Manufactured Home Protections on Foreclosure State law

When a manufactured/mobile or park model home is sold at a county treasurer's foreclosure or distraint sale, any lienholder interest is extinguished by the sale, provided the lienholder was sent a copy of the notice of sale by registered letter at least 30 days before the sale. The registered owner, legal owner, and purchaser are not required to sign the certificate of title and title application to transfer title. Source RCW 46.12.700

Foreclosure Fairness Program - Free Housing Counseling Program

Any Washington homeowner facing foreclosure or at risk of foreclosure More on Foreclosure Fairness Program - Free Housing Counseling.

Foreclosure Prevention Legal Services (OCLA/NJP) Program

Low-income homeowners facing foreclosure who meet income eligibility guidelines More on Foreclosure Prevention Legal Services (OCLA/NJP).

How Washington compares

Like Washington, Oregon and Idaho sell most foreclosed homes without a court.

Washington's share of borrowers with a mortgage who are 90+ days behind is under half its 2012 peak

Share of Washington borrowers with a mortgage who have one 90+ days past due, quarterly, Q1 2005 to Q1 2025

0% 2% 4% 6% U.S. 1.2% Q1 2005Q3 2007Q1 2010Q3 2012Q1 2015Q3 2017Q1 2020Q3 2022Q1 2025 Q1 2025 0.7% 0% 2% 4% 6% U.S. 1.2% Q1 2005Q1 2010Q1 2015Q1 2020Q1 2025 Q1 2025 0.7%
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from Federal Reserve Bank of New York Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/washington/

Washington is tied for 46th place for the share of mortgages 90+ days behind, of the 50 states and D.C.

Share of borrowers with a mortgage who have one 90+ days past due, by state, Q1 2025. Dashed line: the U.S.

Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% Washington 0.7% Highest Lowest Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% Washington 0.7% Highest Lowest
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from NY Fed Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/washington/
Washington and its neighbors: mortgages 90+ days behind and State Distress Index rank
State90+ days behind, Q1 2025Distress rank (score)
Oregon 0.8% 19th (64)
Washington 0.7% 33rd (36)
Idaho 0.7% 37th (28)

The share counts people with a mortgage on their credit report, not loans or dollars. Ranks are of 51 (the 50 states and D.C.); 1st is the most distressed. Washington's full distress profile and county scores.

Questions about foreclosure in Washington

How long does foreclosure take in Washington?

No law sets one length for the whole process. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements. Before any of it starts, your mortgage company usually has to wait until you're more than four months behind. Each step and its deadline.

How many months behind before foreclosure starts in Washington?

Usually more than four months of missed payments. A federal rule keeps your mortgage company from filing before then on most loans on the home you live in, with a few exceptions, such as a sale of the home without the lender's OK. Some state notices that are only mailed to you can come during that wait.

Source 12 CFR §1024.41(f)

Is Washington a judicial foreclosure state?

Mostly no. A deed of trust can be foreclosed without going to court, by a trustee's sale under RCW 61.24. Judicial foreclosure under RCW 61.12 is also available. Mortgages (as opposed to deeds of trust) must be foreclosed judicially.

Can I stop foreclosure once it starts in Washington?

Often there are still ways to try, though none is guaranteed. You can catch up on what you owe, where Washington's catch-up rule allows it. You can apply for a loan modification or a pause on payments; send the complete application more than 37 days before any sale date, so the sale has to wait for an answer. You can file for bankruptcy, or sell, including a short sale if your lender approves.

What is the redemption period for a foreclosure in Washington?

Washington's rule: no buy-back right follows a trustee sale. After a court foreclosure sale, the usual period is one year from sale. It is eight months for a qualifying nonfarm mortgage executed after June 30, 1961, if the lender waived a deficiency judgment in its complaint. Other statutory limits can remove redemption rights.

Source RCW 61.24.050

Can bankruptcy stop a foreclosure in Washington?

It usually pauses one. Filing creates an automatic stay that stops most collection, a foreclosure sale included, while it lasts. The stay has exceptions, and for someone who had a case dismissed in the past year it can last only 30 days or not start at all. A Chapter 13 plan can let you catch up on missed payments over three to five years.

Source 11 U.S.C. §362(c)(3)–(4)

Does Washington have a foreclosure mediation program?

Yes. Washington has the Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program. Who can use it and how to start depends on the program's rules (the Washington Foreclosure Fairness Program (FFP) — Foreclosure Mediation Program's page). A neutral person helps you and the lender talk about options.

Can the lender come after me for the leftover balance in Washington?

In some cases. Washington limits deficiency judgments. After a non-judicial trustee sale, the beneficiary is generally prohibited from seeking a deficiency judgment against the borrower, grantor, or guarantor (RCW 61.24.100(1)). The exceptions apply only to deeds of trust securing commercial loans; for commercial loans executed after June 11, 1998, they cover: (1) deficiency actions against guarantors (fair value determination available); (2) waste or wrongful retention of rents, insurance proceeds, or condemnation awards by the borrower or grantor, which does not apply to property the borrower occupies as a principal residence; (3) actions on other security interests covering other collateral. After a judicial foreclosure, deficiency judgments are permitted — the court may enter a deficiency judgment for the difference between the judgment amount and the sale price.

What is the homestead exemption in Washington?

As Washington law sets it: The greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year. Whatever the amount, the exemption does not protect your home from mortgage foreclosure. It protects equity from other creditors.

What if I have an FHA, VA, or USDA loan in Washington?

Government-backed loans have their own rules on top of Washington law. FHA requires a meeting or reasonable efforts to arrange one in covered defaults. Current rules allow approved remote methods; exceptions and timing requirements apply. VA and USDA set their own help options; the forbearance guide and loan modification guide explain each program's options.

How long do I have to move out after a foreclosure sale in Washington?

In most cases, 20 days after the sale (the buyer's right to possession starts on the 20th day). 20 days from sale for borrower/grantor: the purchaser is entitled to possession on the 20th day following the sale as against the borrower, grantor and occupants who are not tenants, if they were given all the notices the deed of trust act requires (RCW 61.24.060). 60 days written notice for tenants (RCW 61.24.146). Under the federal Protecting Tenants at Foreclosure Act, bona fide tenants get 90 days' notice before eviction, and tenants with leases can stay until the lease ends, except that the lease can be ended on 90 days' notice if the unit is sold to a buyer who will live there.

What happens to tenants if my Washington home is foreclosed?

Federal Protecting Tenants at Foreclosure Act (12 U.S.C. 5220 note) provides 90-day notice minimum for bona fide tenants, and bona fide tenants with leases can stay until the end of the lease term, except that the lease can be ended on 90 days' notice if the unit is sold to a purchaser who will occupy it. Washington state law (RCW 61.24.146) requires 60-day notice to vacate. The federal law sets a minimum, so bona fide tenants get at least 90 days. Section 8 tenants retain lease rights per federal law. Federal law (Protecting Tenants at Foreclosure Act) requires at least 90 days' notice before eviction for bona fide tenants. Washington law (RCW 61.24.146) requires 60 days' written notice to vacate for a tenant or subtenant in possession of residential property when it is sold in foreclosure. Separate notice of trustee sale must also be provided to known tenants (RCW 61.24.143). Tenants occupying the property at the time of the trustee sale must receive 60 days written notice to vacate before they can be removed under RCW 59.12, although a tenant can still be evicted for waste or nuisance. Notice of the trustee sale itself must be transmitted to tenants if the property is known to be tenant-occupied.

Can I claim surplus funds after a foreclosure sale in Washington?

Possibly. If a foreclosure sale brings in more than is owed, the extra is called surplus. The costs of the sale, the debt being foreclosed and other liens on the home, such as a second mortgage, are generally paid first. In Washington: After the trustee deposits surplus funds with the clerk of superior court, any party with a claim must file a motion requesting disbursement in the superior court of the county where the surplus was deposited. The court determines priority of claims. RCW 61.24.080 does not set a deadline to claim the surplus; the clerk of superior court holds the funds until the superior court orders them disbursed. The court, county clerk or trustee who handled the sale can tell you whether any surplus is being held.

Is the Homeowner Assistance Fund still available in Washington?

Generally, no. HAF programs, including the Washington State Homeowner Assistance Fund (WA HAF), couldn't commit new money after September 30, 2026 (Treasury). If the program approved you before then, ask it about payments still being processed.

Can I do a short sale to avoid foreclosure in Washington?

Possibly. A short sale lets you sell your home for less than you owe, if your lender approves it. In a non-judicial foreclosure context, if the trustee sale is avoided through a short sale negotiated with the beneficiary, deficiency rights depend on the agreement with the lender. Washington's anti-deficiency statute (RCW 61.24.100) applies to trustee sales, not short sales. A lender can agree to waive the deficiency as part of a short sale; the CFPB says any waiver should be in writing.

Other Washington laws that can affect homeowners

State laws can change. Each entry links to the cited source and shows when that source was fetched.

State call recording laws

Private calls and conversations generally require all participants' consent. The statute deems consent obtained after a reasonably effective announcement, and the announcement must itself be recorded.

“consent shall be considered obtained whenever one party has announced to all other parties”
Source Wash. Rev. Code § 9.73.030Fetched October 7, 2026

State foreclosure-rescue and mortgage-help laws

Washington's rescue law covers anyone who offers, in writing, in person or electronically, to stop or delay a foreclosure or save a home in danger of it. The contract must be in writing in at least 12-point type, the consultant owes the homeowner a duty of utmost good faith, and the homeowner can cancel until midnight of the fifth business day after signing. Under the federal MARS rule, a provider may not charge a fee until the lender has made a written offer and the homeowner has signed an agreement that includes it.

“not compromise a distressed homeowner's right or interest in favor of another's right or interest”
Source Wash. Rev. Code ch. 61.34, especiall…Fetched October 28, 2026

Foreclosure laws in another state

The process and the deadlines change at every state line.

Protect yourself from scams

The FTC and CFPB describe these warning signs and the rules behind them:

  1. Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
  2. HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
  3. A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
  4. Foreclosure protections depend on timing and the loan. Regulation X generally bars the first foreclosure notice or filing on a principal-residence loan until the borrower is more than 120 days behind, subject to exceptions. A complete assistance application can delay some foreclosure steps, but that depends on when it arrives; it does not necessarily stop every step. The CFPB warns about promises to “save” a home.

Fraud reports: CFPB · FTC · state attorney general offices.

Free help in Washington

Washington has 10 HUD-approved housing counseling agencies

The 10 whose HUD listing includes foreclosure or mortgage delinquency counseling, one dot per office, as of Nov 4, 2026. The listing below names them all.

Source: U.S. Department of Housing and Urban Development, Housing Counselor list American Default Research · americandefault.org/help/laws/washington/

HUD-approved housing counselors in Washington, by city (10)

  • American Financial Solutions, Bremerton · 888-864-8699 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Rural Resources Community Action, Colville · 509-685-6055 · Website HUD-approved housing counselor
  • Opal Community Land Trust, Eastsound · 360-376-3191 · Website HUD-approved housing counselor · Languages: English, Spanish
All 10 agencies
  • Parkview Services, Lynnwood · 206-542-6644 · Website HUD-approved housing counselor · Languages: Cantonese, CHI, English, Other, Spanish
  • Credit.Org - Seattle Branch, Seattle · 800-431-8157 · Website HUD-approved housing counselor · Languages: English, Spanish
  • El Centro De La Raza, Seattle · 206-957-4634 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Urban League of Metropolitan Seattle, Seattle · 206-461-3792 · Website HUD-approved housing counselor
  • Spokane Neighborhood Action Partners, Spokane · 509-456-7627 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Tacoma/ Pierce County Habitat For Humanity, Tacoma · 253-627-5626, ext. 120 · Website HUD-approved housing counselor
  • Oic of Washington, Yakima · 509-765-9206 · Website HUD-approved housing counselor · Languages: Arabic, ASL, Cambodian, Cantonese, CHI, CRE, CZE, English, Farsi, French, German, Hindi, Hmong, Indonesian, Italian, Korean, Polish, Portuguese, Russian, Spanish, Swahili, Turkish, Ukrainian, Vietnamese

Listings come from the HUD Housing Counselor API and the Legal Services Corporation grantee list, as of Nov 4, 2026. American Default Research does not endorse or rank any provider. Credit counselors and other kinds of free help are in our help directory.

Sources and method

A summary of foreclosure law and practice in Washington, read from its laws and the federal servicing rules and checked Mar 4, 2026. It isn't legal advice: your mortgage sets specific terms, and courts and counties vary. For your situation, talk to a HUD-approved counselor, legal aid or a lawyer.

What this page relies on (20 sources)

We write with assistance from AI tools. Figures come from the data and sources named on this page.