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| Foreclosure Laws This section is dedicated to the various foreclosure laws to help you understand the legal process. |
This is a discussion on Washington Foreclosure Law within the Foreclosure Laws forums, part of the Foreclosure Forum category; - Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: Yes - Primary Security Instruments: Deed of Trust, Mortgage - Timeline: ...
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| Founder Join Date: Aug 2007 Location: Southern California
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Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | - Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: Yes - Primary Security Instruments: Deed of Trust, Mortgage - Timeline: Typically 120 days - Right of Redemption: Yes, but may be precluded. - Deficiency Judgments Allowed: Yes In Washington, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. 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:
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. source http://www.foreclosurelaw.org/Washin...losure_Law.htm Major Elements of Washington Foreclosure Include: 1. Mailing and posting the Notice of Default out (wait approximately 30 days). 2. Setting the Trustee's Sale that includes recording mailing and posting of the Notice of Trustee's Sale (must be done more than 90 days before sale date). 3. Publication - 2 times at specific intervals in the last month before sale. 4. Holding the Sale (Must be at least 190 days after date of first default) 5. Sales can be continued up to 120 days. Washington Foreclosure Notice of Default Washington foreclosure law states that at least 30 days prior to setting a Trustee's Sale, the beneficiary or trustee must mail a Notice of Default to the borrower and grantor both by first class and certified or registered mail, and either post the Notice of Default on the premises or personally serve the Notice on the borrower and grantor. The Notice of Default identifies the Deed of Trust and the nature of the default, and gives an itemized account of the arrearage and the foreclosure costs and fees. Loans that are being foreclosed non-judicially may be reinstated any time up through 11 days before the Trustee's Sale. Whether to accept reinstatement after that date is the prerogative of the lender. The loan may be paid off at any time before the sale. Washington Foreclosure Notice of Trustee's Sale After 30 days have elapsed from the mailing and posting or serving of the Notice of Default, and at least 90 days prior to the sale, Washington foreclosure law requires the trustee to mail a Notice of Trustee's Sale to the borrower and grantor and to lien holders, and other parties with an interest in the property who are specified in the Deed of Trust Act. 1. The Notice of Trustee's Sale must also be recorded with the auditor of the county where the property secured by the Deed of Trust is located, and either posted or personally served more than 90 days before the sale date. 2. The trustee must also mail a Notice of Foreclosure to the grantor with the Notice of Trustee's Sale. Trustee's Sales may only be set in public places on Fridays between 9:00 a.m. and 4:00 p.m., unless Friday is a legal holiday, in which case, it may be set on the following Monday. 3. The Notice of Trustee's Sale must be published in a legal newspaper at specified times on 2 occasions in the month before the sale. The Trustee's Sale may be continued by the trustee for any cause the trustee deems advantageous, for a period or periods not exceeding 120 days. A Trustee's Sale may be reset for a date no sooner than 45 days after a bankruptcy case is dismissed or closed or relief granted from the automatic stay, if the sale was stayed by the bankruptcy and the time (120 days) has elapsed for continuing the Washington foreclosure sale. Trustee's Sales are made without warranty as to title, possession, or encumbrances. After the Sale, a Trustee's Deed is recorded reciting that the Sale was conducted in compliance with the Deed of Trust Act. The Act contains special provisions regarding the procedure for restraining a Trustee's Sale. source http://www.foreclosureuniversity.com...washington.php
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Junior Member Join Date: Jul 2009
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Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Washington Foreclosure Law Hi Moe, I have 2 investment properties in Washington state. I will most likely be foreclosing on both. My concern is on the one that has a 1st and 2nd (both with CW). The 2nd was expanded by an additional 20k about 2 years from CW. They called and asked if I wanted to expand it. My concern is it is now recourse? Does Washington have the One Action rule like California(both the 1st and 2nd are with CW. I want to know if they can come after me on the 2nd I talked to an attorney and he didnt no if they had the One action rule in Washington. Your input would be greatly appreciated Gio22 |
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