Title 61 — Title 61 MORTGAGES, DEEDS OF TRUST, AND REAL ESTATE CONTRACTS
8 chapters · 105 sections in this title.
RCW 61.24.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affiliate of beneficiary" means any entity which controls, is controlled by, or is under common control with a beneficiary.(2) "Beneficiary" means the holder of the in…
RCW 61.24.008 Borrower referred to mediation—When.
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(1) A borrower who has been referred to mediation before June 7, 2012, may continue through the mediation process and does not lose his or her right to mediation.(2) A borrower who has not been referred to mediation as of June 7, 2012, may only be referred to mediation after a no…
RCW 61.24.010 Trustee, qualifications—Successor trustee.
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(1) The trustee of a deed of trust under this chapter shall be:(a) Any domestic corporation or domestic limited liability corporation incorporated under Title 23B, 25, *30, 31, 32, or 33 RCW of which at least one officer is a Washington resident; or(b) Any title insurance company…
RCW 61.24.020 Deeds subject to all mortgage laws—Foreclosure—Recording and indexing—Trustee and beneficiary, separate entities, exception.
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Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may be foreclosed by tru…
RCW 61.24.025 Application of federal servicemembers civil relief act to deeds of trust.
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All of the rights, duties, and privileges conveyed under the federal servicemembers civil relief act, P.L. 108-189, are applicable to deeds of trust under Washington law.[ 2004 c 161 s 5.]Notes:Effective date—2004 c 161: See note following RCW 28B.10.270.
RCW 61.24.026 Notice to senior beneficiary of sale—Residential, owner-occupied—Proceeds of sale insufficient to pay in full obligation—Timeline—Failure of beneficiary to respond.
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(1) Whenever (a) consummation of a written agreement for the purchase and sale of owner-occupied residential real property would result in contractual sale proceeds that are insufficient to pay in full the obligation owed to a senior beneficiary of a deed of trust encumbering the…
RCW 61.24.030 Requisites to trustee's sale.
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It shall be requisite to a trustee's sale:(1) That the deed of trust contains a power of sale;(2) That the deed of trust contains a statement that the real property conveyed is not used principally for agricultural purposes; provided, if the statement is false on the date the dee…
RCW 61.24.031 Notice of default under RCW 61.24.030(8)—Beneficiary's duties—Borrower's options.
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(1)(a) A trustee, beneficiary, or authorized agent may not issue a notice of default under RCW 61.24.030(8) until: (i) Thirty days after satisfying the due diligence requirements as described in subsection (5) of this section and the borrower has not responded; or (ii) if the bor…
RCW 61.24.033 Model language for initial contact letter used by beneficiaries—Rules.
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(1)(a) The department must develop model language for the initial contact letter to be used by beneficiaries as required under RCW 61.24.031. The model language must explain how the borrower may respond to the letter. The department must develop the model language in both English…
RCW 61.24.040 Foreclosure and sale—Notice of sale.
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A deed of trust foreclosed under this chapter shall be foreclosed as follows:(1) At least 90 days before the sale, or if a letter under RCW 61.24.031 is required, at least 120 days before the sale, the trustee shall:(a) Record a notice in the form described in subsection (2) of t…
RCW 61.24.042 Notice to guarantor—Contents—Failure to provide.
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The beneficiary may give the notices of default, trustee's sale, and foreclosure referred to in RCW * 61.24.030(7) and 61.24.040 to any one or more of the guarantors of a commercial loan at the time they are given to the grantor. In addition to the information contained in the no…
RCW 61.24.045 Requests for notice of sale.
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Any person desiring a copy of any notice of sale described in RCW 61.24.040(2) under any deed of trust, other than a person entitled to receive such a notice under RCW 61.24.040(1) (b) or (c), must, after the recordation of such deed of trust and before the recordation of the not…
RCW 61.24.050 Interest conveyed by trustee's deed—Sale is final if acceptance is properly recorded—Redemption precluded after sale—Rescission of trustee's sale.
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(1) Upon physical delivery of the trustee's deed to the purchaser, or a different grantee as designated by the purchaser following the trustee's sale, the trustee's deed shall convey all of the right, title, and interest in the real and personal property sold at the trustee's sal…
RCW 61.24.060 Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.
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(1) The purchaser at the trustee's sale shall be entitled to possession of the property on the twentieth day following the sale, as against the borrower and grantor under the deed of trust and anyone having an interest junior to the deed of trust, including occupants who are not …
RCW 61.24.070 Trustee's sale, who may bid at—If beneficiary is purchaser—If purchaser is not beneficiary.
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(1) The trustee may not bid at the trustee's sale. Any other person, including the beneficiary, may bid at the trustee's sale.(2) The trustee shall, at the request of the beneficiary, credit toward the beneficiary's bid all or any part of the monetary obligations secured by the d…
RCW 61.24.080 Disposition of proceeds of sale—Notices—Surplus funds.
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The trustee shall apply the proceeds of the sale as follows:(1) To the expense of sale, including a reasonable charge by the trustee and by his or her attorney: PROVIDED, That the aggregate of the charges by the trustee and his or her attorney, for their services in the sale, sha…
RCW 61.24.090 Curing defaults before sale—Discontinuance of proceedings—Notice of discontinuance—Execution and acknowledgment—Payments tendered to trustee.
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(1) At any time prior to the eleventh day before the date set by the trustee for the sale in the recorded notice of sale, or in the event the trustee continues the sale pursuant to *RCW 61.24.040(6), at any time prior to the eleventh day before the actual sale, the borrower, gran…
RCW 61.24.100 Deficiency judgments—Foreclosure—Trustee's sale—Application of chapter.
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(1) Except to the extent permitted in this section for deeds of trust securing commercial loans, a deficiency judgment shall not be obtained on the obligations secured by a deed of trust against any borrower, grantor, or guarantor after a trustee's sale under that deed of trust.(…
RCW 61.24.110 Reconveyance by trustee.
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(1) The trustee of record shall reconvey all or any part of the property encumbered by the deed of trust to the person entitled thereto on written request of the beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the beneficia…
RCW 61.24.120 Other foreclosure provisions preserved.
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This chapter shall not supersede nor repeal any other provision now made by law for the foreclosure of security interests in real property.[ 1965 c 74 s 12.]
RCW 61.24.127 Failure to bring civil action to enjoin foreclosure—Not a waiver of claims.
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(1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting:(a) Common law fraud or misrepresentation;(b) A violation of Title 19 RCW;(c) Failure of the trustee to m…
RCW 61.24.130 Restraint of sale by trustee—Conditions—Notice.
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(1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale.…
RCW 61.24.135 Consumer protection act—Unfair or deceptive acts or practices—Penalties—Notice.
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(1) It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any person, acting alone or in concert with others, to offer, or offer to accept or accept from another, any consideration of any type not to bid, or to reduce a bid, at a s…
RCW 61.24.140 Assignment of rents—Collecting payment of rent.
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The beneficiary shall not enforce or attempt to enforce an assignment of rents by demanding or collecting rent from a tenant occupying property consisting solely of a single-family residence, or a condominium, cooperative, or other dwelling unit in a multiplex or other building c…
RCW 61.24.143 Foreclosure of tenant-occupied property—Notice of trustee's sale.
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If the trustee elects to foreclose the interest of any occupant of tenant-occupied property, upon posting a notice of trustee's sale under RCW 61.24.040, the trustee or its authorized agent shall post in the manner required under RCW 61.24.040(1)(e) and shall mail at the same tim…
RCW 61.24.146 Foreclosure of tenant-occupied property—Notice to vacate.
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(1) A tenant or subtenant in possession of a residential real property at the time the property is sold in foreclosure must be given sixty days' written notice to vacate before the tenant or subtenant may be removed from the property as prescribed in chapter 59.12 RCW. Notwithsta…
RCW 61.24.155 Unit owner delinquency—Housing counseling services—Duties of housing counselors.
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(1) A unit owner who is or may become delinquent to an association for an assessment charged may contact a housing counselor to receive housing counseling services.(2) Housing counselors have a duty to act in good faith to assist unit owners by:(a) Preparing the unit owner for me…
RCW 61.24.156 Unit owner delinquency—Housing counseling services—Duties of housing counselors.
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(1) A unit owner who is or may become delinquent to an association for an assessment charged may contact a housing counselor to receive housing counseling services.(2) Housing counselors have a duty to act in good faith to assist unit owners by:(a) Preparing the unit owner for me…
RCW 61.24.157 Residential mortgage loans—Foreclosure prevention fee—Notice.
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*** CHANGE IN 2026 *** (SEE 5938-S.SL) ***(1) For each residential mortgage loan, as defined in RCW 31.04.015(24), originated within or outside of the state of Washington and related to property located within the state of Washington, excepting only reverse mortgage loans issued …
RCW 61.24.158 Notice of default fee—Foreclosure prevention fee—Annual report.
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By December 31, 2025, the department shall provide a report to the appropriate committees of the legislature on the number and amounts received from the notice of default fee remitted under RCW 61.24.190 and the foreclosure prevention fee remitted under RCW 61.24.157 into the for…
RCW 61.24.160 Housing counselors—Good faith duty to attempt resolution—Resolution described—Mediation—Liability for civil damages—Annual report.
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(1)(a) A housing counselor who is contacted by a borrower under RCW 61.24.031 has a duty to act in good faith to attempt to reach a resolution with the beneficiary on behalf of the borrower within the 90 days provided from the date the beneficiary initiates contact with the borro…
RCW 61.24.163 Foreclosure mediation program—Timelines—Procedures—Duties and responsibilities of mediator, borrower, and beneficiary—Fees—Annual report.
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(1) The foreclosure mediation program established in this section applies only to borrowers who have been referred to mediation by a housing counselor or attorney. The referral to mediation may be made any time after a notice of default has been issued but no later than 90 days p…
RCW 61.24.165 Application of RCW 61.24.163.
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(1) RCW 61.24.163 applies only to deeds of trust that are recorded against residential real property of up to four units.(2) RCW 61.24.163 does not apply to deeds of trust:(a) Securing a commercial loan;(b) Securing obligations of a grantor who is not the borrower or a guarantor;…
RCW 61.24.166 Application of RCW 61.24.163 to federally insured depository institutions—Annual application for exemption.
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(1) Beginning on January 1, 2024, the provisions of RCW 61.24.163 do not apply to any federally insured depository institution, as defined in 12 U.S.C. Sec. 461(b)(1)(A), that certifies to the department under penalty of perjury that it was not a beneficiary of deeds of trust in …
RCW 61.24.169 Department maintains list of approved foreclosure mediators—Training program—Mediator involvement in civil action.
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(1) For the purposes of RCW 61.24.163, the department must maintain a list of approved foreclosure mediators. The department may approve the following persons to serve as foreclosure mediators under this section if the person has completed ten mediations and either a forty-hour m…
RCW 61.24.172 Foreclosure fairness account created—Uses.
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The foreclosure fairness account is created in the custody of the state treasurer. All receipts received under RCW * 61.24.174, as it existed prior to July 1, 2016, ** 61.24.173, 61.24.190, and 61.24.157 must be deposited into the account. Only the director of the department of c…
RCW 61.24.177 Deed of trust pool—Duty of servicer to maximize net present value.
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Any duty that servicers may have to maximize net present value under their pooling and servicing agreements is owed to all parties in a deed of trust pool, not to any particular parties, and a servicer acts in the best interests of all parties if it agrees to or implements a modi…
RCW 61.24.180 Trustee as defendant—Declaration of nonmonetary status—Objection.
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(1) If a trustee under a deed of trust is named as a defendant in an action or proceeding in which that deed of trust is the subject, and if there are no substantive allegations that seek damages from the trustee or seek to enjoin the foreclosure based on any alleged unlawful act…
RCW 61.24.190 Notices of default—Requirements—Payment—Department not civilly liable if no gross negligence in releasing information—Application.
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(1) Except as provided in subsections (6) and (7) of this section, beginning January 1, 2022, and every quarter thereafter, every beneficiary issuing notices of default, or causing notices of default to be issued on its behalf, on residential real property under this chapter must…