reglab/housing_qa huggingface dataset:
WA Rev Code § 61.24.080 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.080 - Disposition of proceeds of sale—Notices—Surplus funds.

RCW 61.24.080 Disposition of proceeds of sale—Notices—Surplus funds.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, shall not exceed the amount which would, by the superior court of the county in which the trustee's sale occurred, have been deemed a reasonable attorney fee, had the trust deed been foreclosed as a mortgage in a noncontested action in that court;(2) To the obligation secured by the deed of trust; and(3) The surplus, if any, less the clerk's filing fee, shall be deposited, together with written notice of the amount of the surplus, a copy of the notice of trustee's sale, and an affidavit of mailing as provided in this subsection, with the clerk of the superior court of the county in which the sale took place. The trustee shall mail copies of the notice of the surplus, the notice of trustee's sale, and the affidavit of mailing to each party to whom the notice of trustee's sale was sent pursuant to RCW 61.24.040(1). The clerk shall index such funds under the name of the grantor as set out in the recorded notice. Upon compliance with this subsection, the trustee shall be discharged from all further responsibilities for the surplus. Interests in, or liens or claims of liens against the property eliminated by sale under this section shall attach to the surplus in the order of priority that it had attached to the property, as determined by the court. A party seeking disbursement of the surplus funds shall file a motion requesting disbursement in the superior court for the county in which the surplus funds are deposited. Notice of the motion shall be personally served upon, or mailed in the manner specified in RCW 61.24.040(1)(b), to all parties to whom the trustee mailed notice of the surplus, and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the motion. The clerk shall not disburse such surplus except upon order of the superior court of such county.[ 2014 c 107 § 2; 1998 c 295 § 10; 1981 c 161 § 5; 1967 c 30 § 3; 1965 c 74 § 8.]
WA Rev Code § 61.24.110 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.110 - Reconveyance by trustee.

RCW 61.24.110 Reconveyance by trustee.(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 beneficiary or the person entitled thereto.(2) If the beneficiary fails to request reconveyance within the sixty-day period specified under RCW 61.16.030 and has received payment as specified by the beneficiary's demand statement, a title insurance company or title insurance agent as licensed and qualified under chapter 48.29 RCW, a licensed escrow agent as defined in RCW 18.44.011, or an attorney admitted to practice law in this state, who has paid the demand in full from escrow, upon receipt of notice of the beneficiary's failure to request reconveyance, may, as agent for the person entitled to receive reconveyance, in writing, submit proof of satisfaction and request the trustee of record to reconvey the deed of trust.(3)(a) If the trustee of record is unable or unwilling to reconvey the deed of trust within one hundred twenty days following payment to the beneficiary as prescribed in the beneficiary's demand statement, a title insurance company or title insurance agent as licensed and qualified under chapter 48.29 RCW, a licensed escrow agent as defined in RCW 18.44.011, or an attorney admitted to practice law in this state may record with each county auditor where the original deed of trust was recorded a notarized declaration of payment. The notarized declaration must: (i) Identify the deed of trust, including original grantor, beneficiary, trustee, loan number if available, and the auditor's recording number and recording date; (ii) state the amount, date, and name of the beneficiary and means of payment; (iii) include a declaration that the payment tendered was sufficient to meet the beneficiary's demand and that no written objections have been received; and (iv) be titled "declaration of payment."(b) A copy of the recorded declaration of payment must be sent by certified mail to the last known address of the beneficiary and the trustee of record not later than two business days following the date of recording of the notarized declaration. The beneficiary or trustee of record has sixty days from the date of recording of the notarized declaration to record an objection. The objection must: (i) Include reference to the recording number of the declaration and original deed of trust, in the records where the notarized declaration was recorded; and (ii) be titled "objection to declaration of payment." If no objection is recorded within sixty days following recording of the notarized declaration, any lien of the deed of trust against the real property encumbered must cease to exist.[ 2013 c 114 § 1; 1998 c 295 § 13; 1981 c 161 § 7; 1965 c 74 § 11.]
WA Rev Code § 61.24.120 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.120 - Other foreclosure provisions preserved.

RCW 61.24.120 Other foreclosure provisions preserved.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 § 12.]
WA Rev Code § 61.24.127 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.127 - Failure to bring civil action to enjoin foreclosure—Not a waiver of claims.

RCW 61.24.127 Failure to bring civil action to enjoin foreclosure—Not a waiver of claims.(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 materially comply with the provisions of this chapter; or(d) A violation of RCW 61.24.026.(2) The nonwaived claims listed under subsection (1) of this section are subject to the following limitations:(a) The claim must be asserted or brought within two years from the date of the foreclosure sale or within the applicable statute of limitations for such claim, whichever expires earlier;(b) The claim may not seek any remedy at law or in equity other than monetary damages;(c) The claim may not affect in any way the validity or finality of the foreclosure sale or a subsequent transfer of the property;(d) A borrower or grantor who files such a claim is prohibited from recording a lis pendens or any other document purporting to create a similar effect, related to the real property foreclosed upon;(e) The claim may not operate in any way to encumber or cloud the title to the property that was subject to the foreclosure sale, except to the extent that a judgment on the claim in favor of the borrower or grantor may, consistent with RCW 4.56.190, become a judgment lien on real property then owned by the judgment debtor; and(f) The relief that may be granted for judgment upon the claim is limited to actual damages. However, if the borrower or grantor brings in the same civil action a claim for violation of chapter 19.86 RCW, arising out of the same alleged facts, relief under chapter 19.86 RCW is limited to actual damages, treble damages as provided for in RCW 19.86.090, and the costs of suit, including a reasonable attorney's fee.(3) This section applies only to foreclosures of owner-occupied residential real property.(4) This section does not apply to the foreclosure of a deed of trust used to secure a commercial loan.[ 2011 c 364 § 2; 2009 c 292 § 6.]
WA Rev Code § 61.24.140 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.140 - Assignment of rents—Collecting payment of rent.

RCW 61.24.140 Assignment of rents—Collecting payment of rent.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 containing fewer than five residential units, without first giving the tenant either a court order authorizing payment of rent to the beneficiary or a written consent by the tenant's landlord to the payment. It is a defense to an eviction based on nonpayment of rent that the tenant paid the rent due to the beneficiary pursuant to a court order or a landlord's written consent.[ 1998 c 295 § 16.]
WA Rev Code § 61.24.143 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.143 - Foreclosure of tenant-occupied property—Notice of trustee's sale.

RCW 61.24.143 Foreclosure of tenant-occupied property—Notice of trustee's sale.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 time in an envelope addressed to the "Resident of property subject to foreclosure sale" the following notice:"The foreclosure process has begun on this property, which may affect your right to continue to live in this property. Ninety days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new rental agreement or provide you with a sixty-day notice to vacate the property. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have."[ 2009 c 292 § 3.]NOTES:Application of section—2009 c 292 §§ 3 and 4: "RCW 61.24.143 and 61.24.146 apply only to the foreclosure of tenant-occupied property." [ 2009 c 292 § 5.]
WA Rev Code § 61.24.146 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.146 - Foreclosure of tenant-occupied property—Notice to vacate.

RCW 61.24.146 Foreclosure of tenant-occupied property—Notice to vacate.(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. Notwithstanding the notice requirement in this subsection, a tenant may be evicted for waste or nuisance in an unlawful detainer action under chapter 59.12 RCW.(2) This section does not prohibit the new owner of a property purchased pursuant to a trustee's sale from negotiating a new purchase or rental agreement with a tenant or subtenant.(3) This section does not apply if the borrower or grantor remains on the property as a tenant, subtenant, or occupant.[ 2009 c 292 § 4.]NOTES:Application of section—2009 c 292 §§ 3 and 4: See note following RCW 61.24.143.
WA Rev Code § 61.24.165 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.165 - Application of RCW 61.24.163.

RCW 61.24.165 Application of RCW 61.24.163.(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;(c) Securing a purchaser's obligations under a seller-financed sale; or(d) Where the grantor is a partnership, corporation, or limited liability company, or where the property is vested in a partnership, corporation, or limited liability company at the time the notice of default is issued.(3) RCW 61.24.163 does not apply to association beneficiaries subject to chapter 64.32, 64.34, or 64.38 RCW.(4) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the borrower is deceased and the person is a successor in interest of the deceased borrower who occupies the property as his or her primary residence. The referring counselor or attorney must determine a person's eligibility under this section and indicate the grounds for eligibility on the referral to mediation submitted to the department. For the purposes of mediation under RCW 61.24.163, the person must be treated as a "borrower." This subsection does not impose an affirmative duty on the beneficiary to accept an assumption of the loan.(5) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the person has been awarded title to the property in a proceeding for dissolution or legal separation. The referring counselor or attorney must determine the person's eligibility under this section and indicate the grounds for eligibility on the referral to mediation submitted to the department. For the purposes of mediation under RCW 61.24.163, the person must be treated as a "borrower." This subsection does not impose an affirmative duty on the beneficiary to accept an assumption of the loan.[ 2021 c 151 § 6; 2014 c 164 § 4; 2011 c 58 § 8.]NOTES:Effective date—2021 c 151 §§ 1-4, 6-8, and 10: See note following RCW 61.24.005.Findings—Intent—2021 c 151: See note following RCW 61.24.005.Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
WA Rev Code § 61.24.166 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.166 - Application of RCW 61.24.163 to federally insured depository institutions—Annual application for exemption.

RCW 61.24.166 Application of RCW 61.24.163 to federally insured depository institutions—Annual application for exemption.Beginning on January 1, 2023, 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 more than two hundred fifty trustee sales of residential real property of up to four units that occurred in this state during the preceding calendar year. A federally insured depository institution certifying that RCW 61.24.163 does not apply must do so annually, beginning no later than January 31, 2023, and no later than January 31st of each year thereafter.[ 2021 c 151 § 7; 2011 c 58 § 9.]NOTES:Effective date—2021 c 151 §§ 1-4, 6-8, and 10: See note following RCW 61.24.005.Findings—Intent—2021 c 151: See note following RCW 61.24.005.Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
WA Rev Code § 61.24.169 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.169 - Department maintains list of approved foreclosure mediators—Training program—Mediator involvement in civil action.

RCW 61.24.169 Department maintains list of approved foreclosure mediators—Training program—Mediator involvement in civil action.(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 mediation course and sixty hours of mediating or has two hundred hours experience mediating:(a) Attorneys who are active members of the Washington state bar association;(b) Employees of United States department of housing and urban development-approved housing counseling agencies or approved by the Washington state housing finance commission;(c) Employees or volunteers of dispute resolution centers under chapter 7.75 RCW;(d) Retired judges of Washington courts; and(e) Other experienced mediators.(2) The department may establish a required training program for foreclosure mediators and may require mediators to acquire training before being approved. The mediators must be familiar with relevant aspects of the law, have knowledge of community-based resources and mortgage assistance programs, and refer borrowers to these programs where appropriate.(3) The department may remove any mediator from the approved list of mediators.(4)(a) A mediator under this section is immune from suit in any civil action based on any proceedings or other official acts performed in his or her capacity as a foreclosure mediator, except in cases of willful or wanton misconduct.(b) A mediator is not subject to discovery or compulsory process to testify in any litigation pertaining to a foreclosure action between the parties. However, the mediator's certification and all information and material presented as part of the mediation process may be deemed admissible evidence, subject to court rules, in any litigation pertaining to a foreclosure action between the parties.[ 2012 c 185 § 7; 2011 2nd sp.s. c 4 § 2; 2011 c 58 § 10.]NOTES:Effective date—2011 2nd sp.s. c 4: See note following RCW 61.24.163.Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
WA Rev Code § 61.24.177 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.177 - Deed of trust pool—Duty of servicer to maximize net present value.

RCW 61.24.177 Deed of trust pool—Duty of servicer to maximize net present value.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 modification or workout plan when both of the following apply:(1) The deed of trust is in payment default, or payment default is reasonably imminent; and(2) Anticipated recovery under a modification or workout plan exceeds the anticipated recovery through foreclosure on a net present value basis.[ 2011 c 58 § 13.]NOTES:Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
WA Rev Code § 61.24.190 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.24 - Deeds of Trust.|61.24.190 - Notices of default—Requirements—Payment—Department not civilly liable if no gross negligence in releasing information—Application.

RCW 61.24.190 Notices of default—Requirements—Payment—Department not civilly liable if no gross negligence in releasing information—Application. (Effective January 1, 2022.)(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:(a) Report to the department, on a form approved by the department, the total number of residential real properties for which the beneficiary has issued a notice of default during the previous quarter, together with the street address, city, and zip code;(b) Remit the amount required under subsection (2) of this section; and(c) Report and update beneficiary contact information for the person and work group responsible for the beneficiary's compliance with the requirements of the foreclosure fairness act created in this chapter.(2) For each residential real property for which a notice of default has been issued, the beneficiary issuing the notice of default, or causing the notice of default to be issued on the beneficiary's behalf, shall remit $250 to the department to be deposited, as provided under RCW 61.24.172, into the foreclosure fairness account. The $250 payment is required per property and not per notice of default. The beneficiary shall remit the total amount required in a lump sum each quarter.(3) Reporting and payments under subsections (1) and (2) of this section are due within 45 days of the end of each quarter.(4) For purposes of this section, "residential real property" includes residential real property with up to four dwelling units, whether or not the property or any part thereof is owner occupied.(5) The department, including its officials and employees, may not be held civilly liable for damages arising from any release of information or the failure to release information related to the reporting required under this section, so long as the release was without gross negligence.(6) Beginning on January 1, 2023, this section does not apply to any beneficiary or loan servicer that is a federally insured depository institution, as defined in 12 U.S.C. Sec. 461(b)(1)(A), and that certifies under penalty of perjury that it has issued, or has directed a trustee or authorized agent to issue, fewer than 250 notices of default in the preceding year.(7) This section does not apply to association beneficiaries subject to chapter 64.32, 64.34, or 64.38 RCW.[ 2021 c 151 § 11.]NOTES:Effective date—2021 c 151 §§ 5, 9, 11, and 12: See note following RCW 61.24.135.Findings—Intent—2021 c 151: See note following RCW 61.24.005.
WA Rev Code § 61.30.020 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.020 - Forfeiture or foreclosure—Notices—Other remedies not limited.

RCW 61.30.020 Forfeiture or foreclosure—Notices—Other remedies not limited.(1) A purchaser's rights under a real estate contract shall not be forfeited except as provided in this chapter. Forfeiture shall be accomplished by giving and recording the required notices as specified in this chapter. This chapter shall not be construed as prohibiting or limiting any remedy which is not governed or restricted by this chapter and which is otherwise available to the seller or the purchaser. At the seller's option, a real estate contract may be foreclosed in the manner and subject to the law applicable to the foreclosure of a mortgage in this state.(2) The seller's commencement of an action to foreclose the contract as a mortgage shall not constitute an election of remedies so as to bar the seller from forfeiting the contract under this chapter for the same or different breach. Similarly, the seller's commencement of a forfeiture under this chapter shall not constitute an election of remedies so as to bar the seller from foreclosing the contract as a mortgage. However, the seller shall not maintain concurrently an action to foreclose the contract and a forfeiture under this chapter whether for the same or different breaches. If, after giving or recording a notice of intent to forfeit, the seller elects to foreclose the contract as a mortgage, the seller shall record a notice canceling the notice of intent to forfeit which refers to the notice of intent by its recording number. Not later than ten days after the notice of cancellation is recorded, the seller shall mail or serve copies of the notice of cancellation to each person who was mailed or served the notice of intent to forfeit, and shall post it in a conspicuous place on the property if the notice of intent was posted. The seller need not publish the notice of cancellation.[ 1988 c 86 § 2; 1985 c 237 § 2.]