reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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. 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.
[ 2023 c 206 § 6; 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.
2023 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.
(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 more than 250 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, 2024, and no later than January 31st of each year thereafter.
(2) During the 2023 calendar year, 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 250 trustee sales of owner-occupied residential real property that occurred in this state during 2019. A federally insured depository institution certifying that RCW 61.24.163 does not apply pursuant to this subsection must do so no later than 30 days after May 1, 2023.
(3) This section applies retroactively to January 1, 2023, and prospectively beginning with May 1, 2023.
[ 2023 c 206 § 7; 2021 c 151 § 7; 2011 c 58 § 9.]
NOTES:
Effective date—2023 c 206 §§ 7-9 and 12: "Sections 7 through 9 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 1, 2023]." [ 2023 c 206 § 13.]
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.
2023 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.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.172 - Foreclosure fairness account created—Uses.

RCW 61.24.172
Foreclosure fairness account created—Uses.
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, and 61.24.190 must be deposited into the account. Only the director of the department of commerce or the director's designee may authorize expenditures from the account. Funding to agencies and organizations under this section must be provided by the department through an interagency agreement or other applicable contract instrument. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Biennial expenditures from the account must be used as follows: Four hundred thousand dollars to fund the counselor referral hotline. The remaining funds shall be distributed as follows: (1) Sixty-nine percent for the purposes of providing housing counseling activities to benefit borrowers; (2) eight percent to the office of the attorney general to be used by the consumer protection division to enforce this chapter; (3) six percent to the office of civil legal aid to be used for the purpose of contracting with qualified legal aid programs for legal representation of homeowners in matters relating to foreclosure. Funds provided under this subsection (3) must be used to supplement, not supplant, other federal, state, and local funds; and (4) seventeen percent to the department to be used for implementation and operation of the foreclosure fairness act.
The department shall enter into interagency agreements to contract with the Washington state housing finance commission and other appropriate entities to implement the foreclosure fairness act.
[ 2021 c 151 § 9; 2016 c 196 § 1; 2015 3rd sp.s. c 4 § 965; 2014 c 164 § 5; 2012 c 185 § 12; 2011 c 58 § 11.]
NOTES:
Reviser's note: *(1) RCW 61.24.174 was repealed by 2016 c 196 § 4.
**(2) RCW 61.24.173 was repealed by 2021 c 151 § 13, effective June 30, 2023.
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.
Effective date—2016 c 196: "This act takes effect July 1, 2016." [ 2016 c 196 § 6.]
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective date—2012 c 185 § 12: "Section 12 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2012]." [ 2012 c 185 § 15.]
Effective date—2011 c 58 §§ 11, 12, and 16: "Sections 11, 12, and 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 14, 2011]." [ 2011 c 58 § 19.]
Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
2023 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.
2023 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.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.030 - Conditions to forfeiture.

RCW 61.30.030
Conditions to forfeiture.
It shall be a condition to forfeiture of a real estate contract that:
(1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located;
(2) A breach has occurred in one or more of the purchaser's obligations under the contract and the contract provides that as a result of such breach the seller is entitled to forfeit the contract; and
(3) Except for petitions for the appointment of a receiver, no arbitration or judicial action is pending on a claim made by the seller against the purchaser on any obligation secured by the contract.
[ 1988 c 86 § 3; 1985 c 237 § 3.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.050 - Notices—Form—Method of service.

RCW 61.30.050
Notices—Form—Method of service.
(1) The required notices shall be given in writing. The notice of intent to forfeit shall be signed by the seller or by the seller's agent or attorney. The declaration of forfeiture shall be signed and sworn to by the seller. The seller may execute the declaration of forfeiture through an agent under a power of attorney which is of record at the time the declaration of forfeiture is recorded, but in so doing the seller shall be subject to liability under RCW 61.30.150 to the same extent as if the seller had personally signed and sworn to the declaration.
(2) The required notices shall be given:
(a) In any manner provided in the contract or other agreement with the seller; and
(b) By either personal service in the manner required for civil actions in any county in which any of the property is located or by mailing a copy to the person for whom it is intended, postage prepaid, by certified or registered mail with return receipt requested and by regular first-class mail, addressed to the person at the person's address last known to the seller or the seller's agent or attorney giving the notice. For the purposes of this subsection, the seller or the seller's agent or attorney giving the notice may rely upon the address stated in any recorded document which entitles a person to receive the required notices unless the seller or the seller's agent or attorney giving the notice knows such address to be incorrect.
If the address or identity of a person for whom the required notices are intended is not known to or reasonably discoverable at the time the notice is given by the seller or the seller's agent or attorney giving the notice, the required notices shall be given to such person by posting a copy in a conspicuous place on the property and publishing a copy thereof. The notice shall be directed to the attention of all persons for whom the notice is intended, including the names of the persons, if so known or reasonably discoverable. The publication shall be made in a newspaper approved pursuant to RCW 65.16.040 and published in each county in which any of the property is located or, if no approved newspaper is published in the county, in an adjoining county, and if no approved newspaper is published in the county or adjoining county, then in an approved newspaper published in the capital of the state. The notice of intent to forfeit shall be published once a week for two consecutive weeks. The declaration of forfeiture shall be published once.
[ 1988 c 86 § 5; 1985 c 237 § 5.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.060 - Notice of intent to forfeit—Declaration of forfeiture—Time limitations.

RCW 61.30.060
Notice of intent to forfeit—Declaration of forfeiture—Time limitations.
The notice of intent to forfeit shall be given not later than ten days after it is recorded. The declaration of forfeiture shall be given not later than three days after it is recorded. Either required notice may be given before it is recorded, but the declaration of forfeiture may not be given before the time for cure has expired. Notices which are served or mailed are given for the purposes of this section when served or mailed. Notices which must be posted and published as provided in RCW 61.30.050(2)(b) are given for the purposes of this section when both posted and first published.
[ 1988 c 86 § 6; 1985 c 237 § 6.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.080 - Failure to give required notices.

RCW 61.30.080
Failure to give required notices.
(1) If the seller fails to give any required notice within the time required by this chapter, the seller may record and give a subsequent notice of intent to forfeit or declaration of forfeiture, as applicable. Any such subsequent notice shall (a) include revised dates and information to the extent necessary to conform to this chapter as if the superseded notice had not been given or recorded; (b) state that it supersedes the notice being replaced; and (c) render void the previous notice which it replaces.
(2) If the seller fails to give the notice of intent to forfeit to all persons whose interests the seller desires to forfeit or to record such notice as required by this chapter, and if the declaration of forfeiture has not been given or recorded, the seller may give and record a new set of notices as required by this chapter. However, the new notices shall contain a statement that they supersede and replace the earlier notices and shall provide a new time for cure.
(3) If the seller fails to give any required notice to all persons whose interests the seller desires to forfeit or to record such notice as required by this chapter, and if the declaration of forfeiture has been given or recorded, the seller may apply for a court order setting aside the forfeiture previously made, and to the extent such order is entered, the seller may proceed as if no forfeiture had been commenced. However, no such order may be obtained without joinder and service upon the persons who were given the required notices and all other persons whose interests the seller desires to forfeit.
[ 1988 c 86 § 8; 1985 c 237 § 8.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.100 - Effect of forfeiture.

RCW 61.30.100
Effect of forfeiture.
(1) The recorded and sworn declaration of forfeiture shall be prima facie evidence of the extent of the forfeiture and compliance with this chapter and, except as otherwise provided in RCW 61.30.040 (1) and (2), conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value.
(2) Except as otherwise provided in this chapter or the contract or other agreement with the seller, forfeiture of a contract under this chapter shall have the following effects:
(a) The purchaser, and all persons claiming through the purchaser or whose interests are otherwise subordinate to the seller's interest in the property who were given the required notices pursuant to this chapter, shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property;
(b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and
(c) All of the purchaser's rights in all improvements made to the property and in unharvested crops and timber thereon at the time the declaration of forfeiture is recorded shall be forfeited to the seller.
(3) The seller shall be entitled to possession of the property ten days after the declaration of forfeiture is recorded or any longer period provided in the contract or any other agreement with the seller. The seller may proceed under chapter 59.12 RCW to obtain such possession. Any person in possession who fails to surrender possession when required shall be liable to the seller for actual damages caused by such failure and for reasonable attorneys' fees and costs of the action.
(4) After the declaration of forfeiture is recorded, the seller shall have no claim against and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser's obligations under the contract, except for damages caused by waste to the property to the extent such waste results in the fair market value of the property on the date the declaration of forfeiture is recorded being less than the unpaid monetary obligations under the contract and all liens or contracts having priority over the seller's interest in the property.
[ 1988 c 86 § 10; 1985 c 237 § 10.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.110 - Forfeiture may be restrained or enjoined.

RCW 61.30.110
Forfeiture may be restrained or enjoined.
(1) The forfeiture may be restrained or enjoined or the time for cure may be extended by court order only as provided in this section. A certified copy of any restraining order or injunction may be recorded in each county in which any part of the property is located.
(2) Any person entitled to cure the default may bring or join in an action under this section. No other person may bring such an action without leave of court first given for good cause shown. Any such action shall be commenced by filing and serving the summons and complaint before the declaration of forfeiture is recorded. Service shall be made upon the seller or the seller's agent or attorney, if any, who gave the notice of intent to forfeit. Concurrently with commencement of the action, the person bringing the action shall record a lis pendens in each county in which any part of the property is located. A court may preliminarily enjoin the giving and recording of the declaration of forfeiture upon a prima facie showing of the grounds set forth in this section for a permanent injunction. If the court issues an order restraining or enjoining the forfeiture then until such order expires or is vacated or the court otherwise permits the seller to proceed with the forfeiture, the declaration of forfeiture shall not be given or recorded. However, the commencement of the action shall not of itself extend the time for cure.
(3) The forfeiture may be permanently enjoined only when the person bringing the action proves that there is no default as claimed in the notice of intent to forfeit or that the purchaser has a claim against the seller which releases, discharges, or excuses the default claimed in the notice of intent to forfeit, including by offset, or that there exists any material noncompliance with this chapter. The time for cure may be extended only when the default alleged is other than the failure to pay money, the nature of the default is such that it cannot practically be cured within the time stated in the notice of intent to forfeit, action has been taken and is diligently being pursued which would cure the default, and any person entitled to cure is ready, willing, and able to timely perform all of the purchaser's other contract obligations.
[ 1988 c 86 § 11; 1985 c 237 § 11.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.130 - Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue.

RCW 61.30.130
Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue.
(1) If an order restraining or enjoining the forfeiture or an order of sale under RCW 61.30.120 expires or is dissolved or vacated at least ten days before expiration of the time for cure, the seller may proceed with the forfeiture under this chapter if the default is not cured at the end of the time for cure. If any such order expires or is dissolved or vacated or such other final disposition is made at any time later than stated in the first sentence of this subsection, the seller may proceed with the forfeiture under this chapter if the default is not cured, except the time for cure shall be extended for ten days after the final disposition or the expiration of, or entry of the order dissolving or vacating, the order.
(2) In actions under RCW 61.30.110 and 61.30.120, the court may award reasonable attorneys' fees and costs of the action to the prevailing party, except for such fees and costs incurred by a person requesting a public sale of the property.
(3) In actions under RCW 61.30.110 and 61.30.120, on the seller's motion the court may (a) require the person commencing the action to provide a bond or other security against all or a portion of the seller's damages and (b) impose other conditions, the failure of which may be cause for entry of an order dismissing the action and dissolving or vacating any restraining order, injunction, or other order previously entered.
(4) Actions under RCW 61.30.110, 61.30.120, or 61.30.140 shall be brought in the superior court of the county where the property is located or, if the property is located in more than one county, then in any of such counties, regardless of whether the property is contiguous or noncontiguous.
[ 1988 c 86 § 13; 1985 c 237 § 13.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.150 - False swearing—Penalty—Failure to comply with chapter—Liability.

RCW 61.30.150
False swearing—Penalty—Failure to comply with chapter—Liability.
(1) Whoever knowingly swears falsely to any statement required by this chapter to be sworn is guilty of perjury and shall be liable for the statutory penalties therefor.
(2) A seller who records a declaration of forfeiture with actual knowledge or reason to know of a material failure to comply with any requirement of this chapter is liable to any person whose interest in the property or the contract, or both, has been forfeited without material compliance with this chapter for actual damages and actual attorneys' fees and costs of the action and, in the court's discretion, exemplary damages.
[ 1988 c 86 § 15; 1985 c 237 § 15.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.160 - Priority of actions under chapter.

RCW 61.30.160
Priority of actions under chapter.
An action brought under RCW 61.30.110, 61.30.120, or 61.30.140 shall take precedence over all other civil actions except those described in RCW 59.12.130.
[ 1985 c 237 § 16.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.900 - Short title.

RCW 61.30.900
Short title.
This chapter may be known and cited as the real estate contract forfeiture act.
[ 1985 c 237 § 17.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.910 - Effective date—Application—1985 c 237.

RCW 61.30.910
Effective date—Application—1985 c 237.
This act shall take effect January 1, 1986, and shall apply to all real estate contract forfeitures initiated on or after that date, regardless of when the real estate contract was made.
[ 1985 c 237 § 21.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.30 - Real Estate Contract Forfeitures. › 61.30.911 - Application—1988 c 86.

RCW 61.30.911
Application—1988 c 86.
This act applies to all real estate contract forfeitures initiated on or after June 9, 1988, regardless of when the real estate contract was made.
[ 1988 c 86 § 16.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.010 - Legislative findings.

RCW 61.34.010
Legislative findings.
The legislature finds that persons are engaging in patterns of conduct which defraud innocent homeowners of their equity interest or other value in residential dwellings under the guise of a purchase of the owner's residence but which is in fact a device to convert the owner's equity interest or other value in the residence to an equity skimmer, who fails to make payments, diverts the equity or other value to the skimmer's benefit, and leaves the innocent homeowner with a resulting financial loss or debt.
The legislature further finds this activity of equity skimming to be contrary to the public policy of this state and therefore establishes the crime of equity skimming to address this form of real estate fraud and abuse.
[ 1988 c 33 § 1.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.030 - Criminal penalty.

RCW 61.34.030
Criminal penalty.
Any person who wilfully engages in a pattern of equity skimming is guilty of a class B felony under RCW 9A.20.021. Equity skimming shall be classified as a level II offense under chapter 9.94A RCW, and each act of equity skimming found beyond a reasonable doubt or admitted by the defendant upon a plea of guilty to be included in the pattern of equity skimming, shall be a separate current offense for the purpose of determining the sentence range for each current offense pursuant to RCW 9.94A.589(1)(a).
[ 1988 c 33 § 2.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.040 - Application of consumer protection act—Remedies are cumulative.

RCW 61.34.040
Application of consumer protection act—Remedies are cumulative.
(1) In addition to the criminal penalties provided in RCW 61.34.030, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair method of competition for the purpose of applying chapter 19.86 RCW.
(2) In a private right of action under chapter 19.86 RCW for a violation of this chapter, the court may double or triple the award of damages pursuant to RCW 19.86.090, subject to the statutory limit. If, however, the court determines that the defendant acted in bad faith, the limit for doubling or tripling the award of damages may be increased, but shall not exceed one hundred thousand dollars. Any claim for damages brought under this chapter must be commenced within four years after the date of the alleged violation.
(3) The remedies provided in this chapter are cumulative and do not restrict any remedy that is otherwise available. The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law. An action under this chapter shall not affect the rights in the distressed home held by a distressed home purchaser for value under this chapter or other applicable law.
[ 2008 c 278 § 11; 1988 c 33 § 3.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.045 - Arbitration not required.

RCW 61.34.045
Arbitration not required.
(1) Any provision in a contract that attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the distressed homeowner.
(2) This section applies to any contract entered into on or after June 12, 2008.
[ 2008 c 278 § 9.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.060 - Distressed home consultant—Fiduciary duties.

RCW 61.34.060
Distressed home consultant—Fiduciary duties.
A distressed home consultant has a fiduciary relationship with the distressed homeowner, and each distressed home consultant is subject to all requirements for fiduciaries otherwise applicable under state law. A distressed home consultant's fiduciary duties include, but are not limited to, the following:
(1) To act in the distressed homeowner's best interest and in utmost good faith toward the distressed homeowner, and not compromise a distressed homeowner's right or interest in favor of another's right or interest, including a right or interest of the distressed home consultant;
(2) To disclose to the distressed homeowner all material facts of which the distressed home consultant has knowledge that might reasonably affect the distressed homeowner's rights, interests, or ability to receive the distressed homeowner's intended benefit from the residential mortgage loan;
(3) To use reasonable care in performing his or her duties; and
(4) To provide an accounting to the distressed homeowner for all money and property received from the distressed homeowner.
[ 2008 c 278 § 3.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.070 - Waiver of rights.

RCW 61.34.070
Waiver of rights.
(1) A person may not induce or attempt to induce a distressed homeowner to waive his or her rights under this chapter.
(2) Any waiver by a homeowner of the provisions of this chapter is void and unenforceable as contrary to public policy.
[ 2008 c 278 § 4.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.080 - Distressed home reconveyance—Requirements.

RCW 61.34.080
Distressed home reconveyance—Requirements.
A distressed home purchaser shall enter into a distressed home reconveyance in the form of a written contract. The contract must be written in at least twelve-point boldface type in the same language principally used by the distressed home purchaser and distressed homeowner to negotiate the sale of the distressed home, and must be fully completed, signed, and dated by the distressed homeowner and distressed home purchaser before the execution of any instrument of conveyance of the distressed home.
[ 2008 c 278 § 5.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.090 - Distressed home reconveyance—Entire agreement—Terms—Notice.

RCW 61.34.090
Distressed home reconveyance—Entire agreement—Terms—Notice.
The contract required in RCW 61.34.080 must contain the entire agreement of the parties and must include the following:
(1) The name, business address, and telephone number of the distressed home purchaser;
(2) The address of the distressed home;
(3) The total consideration to be provided by the distressed home purchaser in connection with or incident to the sale;
(4) A complete description of the terms of payment or other consideration including, but not limited to, any services of any nature that the distressed home purchaser represents that he or she will perform for the distressed homeowner before or after the sale;
(5) The time at which possession is to be transferred to the distressed home purchaser;
(6) A complete description of the terms of any related agreement designed to allow the distressed homeowner to remain in the home, such as a rental agreement, repurchase agreement, or lease with option to buy;
(7) A complete description of the interest, if any, the distressed homeowner maintains in the proceeds of, or consideration to be paid upon, the resale of the distressed home;
(8) A notice of cancellation as provided in RCW 61.34.110; and
(9) The following notice in at least fourteen-point boldface type if the contract is printed, or in capital letters if the contract is typed, and completed with the name of the distressed home purchaser, immediately above the statement required in RCW 61.34.110;
"NOTICE REQUIRED BY WASHINGTON LAW
Until your right to cancel this contract has ended, . . . . . . (Name) or anyone working for . . . . . . (Name) CANNOT ask you to sign or have you sign any deed or any other document."
The contract required by this section survives delivery of any instrument of conveyance of the distressed home and has no effect on persons other than the parties to the contract.
[ 2008 c 278 § 6.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.100 - Distressed homeowner's right to cancel.

RCW 61.34.100
Distressed homeowner's right to cancel.
(1) In addition to any other right of rescission, a distressed homeowner has the right to cancel any contract with a distressed home purchaser until midnight of the fifth business day following the day on which the distressed homeowner signs a contract that complies with this chapter or until 8:00 a.m. on the last day of the period during which the distressed homeowner has a right of redemption, whichever occurs first.
(2) Cancellation occurs when the distressed homeowner delivers to the distressed home purchaser, by any means, a written notice of cancellation to the address specified in the contract.
(3) A notice of cancellation provided by the distressed homeowner is not required to take the particular form as provided with the contract.
(4) Within ten days following the receipt of a notice of cancellation under this section, the distressed home purchaser shall return without condition any original contract and any other documents signed by the distressed homeowner.
[ 2008 c 278 § 7.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.34 - Distressed Property Conveyances. › 61.34.110 - Notice of distressed homeowner's right to cancel.

RCW 61.34.110
Notice of distressed homeowner's right to cancel.
(1) The contract required in RCW 61.34.080 must contain, in immediate proximity to the space reserved for the distressed homeowner's signature, the following conspicuous statement in at least fourteen-point boldface type if the contract is printed, or in capital letters if the contract is typed:
"You may cancel this contract for the sale of your house without any penalty or obligation at any time before
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date and time of day)
See the attached notice of cancellation form for an explanation of this right."
The distressed home purchaser shall accurately enter the date and time of day on which the cancellation right ends.
(2) The contract must be accompanied by a completed form in duplicate, captioned "NOTICE OF CANCELLATION" in twelve-point boldface type if the contract is printed, or in capital letters if the contract is typed, followed by a space in which the distressed home purchaser shall enter the date on which the distressed homeowner executes any contract. This form must be attached to the contract, must be easily detachable, and must contain in at least twelve-point type if the contract is printed, or in capital letters if the contract is typed, the following statement written in the same language as used in the contract:
"NOTICE OF CANCELLATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Enter date contract signed)
You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Enter date and time of day)
To cancel this transaction, personally deliver a signed and dated copy of this cancellation notice to
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of purchaser)
at
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Street address of purchaser's place of business)
NOT LATER THAN
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Enter date and time of day)
I hereby cancel this transaction.
. . . . . . . . . .
(Date)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Seller's signature)"
(3) The distressed home purchaser shall provide the distressed homeowner with a copy of the contract and the attached notice of cancellation at the time the contract is executed by all parties.
(4) The five-business-day period during which the distressed homeowner may cancel the contract must not begin to run until all parties to the contract have executed the contract and the distressed home purchaser has complied with this section.
[ 2008 c 278 § 8.]