8 chapters · 105 sections in this title.
RCW 61.12.010 Encumbrances shall be by deed.
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See RCW 64.04.010.
RCW 61.12.020 Mortgage—Form—Contents—Effect.
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Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of (here insert the nature and amount of indebtedness, showing when due, rate of interest, and whether evide…
RCW 61.12.030 Removal of property from mortgaged premises—Penalty.
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(1) When any real estate in this state is subject to, or is security for, any mortgage, mortgages, lien or liens, other than general liens arising under personal judgments, it shall be unlawful for any person who is the owner, mortgagor, lessee, or occupant of such real estate to…
RCW 61.12.040 Foreclosure—Venue.
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When default is made in the performance of any condition contained in a mortgage, the mortgagee or his or her assigns may proceed in the superior court of the county where the land, or some part thereof, lies, to foreclose the equity of redemption contained in the mortgage.[ 2012…
RCW 61.12.050 When remedy confined to mortgaged property.
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When there is no express agreement in the mortgage nor any separate instrument given for the payment of the sum secured thereby, the remedy of the mortgagee shall be confined to the property mortgaged.[Code 1881 s 610; 1877 p 127 s 615; 1869 p 146 s 564; 1854 p 207 s 409; RRS s 1…
RCW 61.12.060 Judgment—Order of sale—Satisfaction—Upset price.
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In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisf…
RCW 61.12.061 Exception as to mortgages held by the United States.
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The provisions of *this act shall not apply to any mortgage while such mortgage is held by the United States or by any agency, department, bureau, board or commission thereof as security or pledge of the maker, its successors or assigns.[1935 c 125 s 1 1/2; RRS s 1118-1. Formerly…
RCW 61.12.070 Decree to direct deficiency—Waiver in complaint.
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When there is an express agreement for the payment of the sum of money secured contained in the mortgage or any separate instrument, the court shall direct in the decree of foreclosure that the balance due on the mortgage, and costs which may remain unsatisfied after the sale of …
RCW 61.12.080 Deficiency judgment—How enforced.
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Judgments over for any deficiency remaining unsatisfied after application of the proceeds of sale of mortgaged property, either real or personal, shall be similar in all respects to other judgments for the recovery of money, and may be made a lien upon the property of a judgment …
RCW 61.12.090 Execution on decree—Procedure.
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A decree of foreclosure of mortgage or other lien may be enforced by execution as an ordinary judgment or decree for the payment of money. The execution shall contain a description of the property described in the decree. The sheriff shall endorse upon the execution the time when…
RCW 61.12.093 Abandoned improved real estate—Purchaser takes free of redemption rights.
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In actions to foreclose mortgages on real property improved by structure or structures, if the court finds that the mortgagor or his or her successor in interest has abandoned said property for six months or more, the purchaser at the sheriff's sale shall take title in and to suc…
RCW 61.12.094 Abandoned improved real estate—Deficiency judgment precluded—Complaint, requisites, service.
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When proceeding under RCW 61.12.093 through 61.12.095, no deficiency judgment shall be allowed. No mortgagee shall deprive any mortgagor, his or her successors in interest, or any redemptioner of redemption rights by default decree without alleging such intention in the complaint…
RCW 61.12.095 Abandoned improved real estate—Not applicable to property used primarily for agricultural purposes.
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RCW 61.12.093 and 61.12.094 shall not apply to property used primarily for agricultural purposes.[ 1965 c 80 s 3; 1963 c 34 s 3.]
RCW 61.12.100 Levy for deficiency under same execution.
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In all actions of foreclosure where there is a decree for the sale of the mortgaged premises or property, and a judgment over for any deficiency remaining unsatisfied after applying the proceeds of the sale of mortgaged property, further levy and sales upon other property of the …
RCW 61.12.110 Notice of sale on deficiency.
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When sales of other property not embraced in the mortgage or decree of sale are made under the execution to satisfy any deficiency remaining due upon judgment, two weeks' publication of notice of such sale shall be sufficient. Such notice shall be published in a newspaper printed…
RCW 61.12.120 Concurrent actions prohibited.
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The plaintiff shall not proceed to foreclose his or her mortgage while he or she is prosecuting any other action for the same debt or matter which is secured by the mortgage, or while he or she is seeking to obtain execution of any judgment in such other action; nor shall he or s…
RCW 61.12.130 Payment of sums due—Stay of proceedings.
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Whenever a complaint is filed for the foreclosure of a mortgage upon which there shall be due any interest or installment of the principal, and there are other installments not due, if the defendant pay into the court the principal and interest due, with costs, at any time before…
RCW 61.12.140 Sale in parcels to pay installments due.
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In such cases, after final judgment, the court shall ascertain whether the property can be sold in parcels, and if it can be done without injury to the interests of the parties, the court shall direct so much only of the premises to be sold, as will be sufficient to pay the amoun…
RCW 61.12.150 Sale of whole property—Disposition of proceeds.
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If the mortgaged premises cannot be sold in parcels, the court shall order the whole to be sold, and the proceeds of the sale shall be applied first to the payment of the principal due, interest and costs, and then to the residue secured by the mortgage and not due; and if the re…
RCW 61.12.170 Recording.
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See chapter 65.08 RCW.
RCW 61.12.180 Foreclosure of reverse residential mortgage—Notice.
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(1) Before any mortgagee of residential real property commences any legal action under RCW 61.12.040 to foreclose any reverse residential mortgage, such person shall give the mortgagor notice of such intention at least thirty-three days in advance. For the purposes of this sectio…
RCW 61.12.190 Mortgages, deeds of trust.
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Except as otherwise provided in chapter 60.04 RCW, any mortgage or deed of trust shall be prior to all liens, mortgages, deeds of trust, and other encumbrances that have not been recorded before the recording of the mortgage or deed of trust to the extent of all sums secured by t…
RCW 61.12.200 Consumer protection act—Unfair or deceptive acts or practices—Penalties—Notice.
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(1) It is unlawful for any person to seek or receive from any person or contract with any person for any fee or compensation for locating, or purporting to purchase or otherwise acquire the right to recover, funds held by a court or county that are proceeds from a foreclosure und…