reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.070 - Decree to direct deficiency—Waiver in complaint.

RCW 61.12.070
Decree to direct deficiency—Waiver in complaint.
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 the mortgaged premises, shall be satisfied from any property of the mortgage debtor: PROVIDED, HOWEVER, That in all cases where the mortgagee or other owner of such mortgage has expressly waived any right to a deficiency judgment in the complaint, as provided by RCW 6.23.020, there shall be no such judgment for deficiency, and the remedy of the mortgagee or other owner of the mortgage shall be confined to the sale of the property mortgaged.
[ 1961 c 196 § 4; Code 1881 § 612; 1877 p 127 § 617; 1869 p 146 § 566; 1854 p 208 § 411; RRS § 1119.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.080 - Deficiency judgment—How enforced.

RCW 61.12.080
Deficiency judgment—How enforced.
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 debtor as other judgments, and the collections thereof enforced in the same manner.
[Code 1881 § 622; 1877 p 129 § 625; 1869 p 148 § 575; RRS § 1120.]
NOTES:
Enforcement of judgments: Title 6 RCW.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.090 - Execution on decree—Procedure.

RCW 61.12.090
Execution on decree—Procedure.
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 he or she receives it, and he or she shall thereupon forthwith proceed to sell such property, or so much thereof as may be necessary to satisfy the judgment, interest, and costs upon giving the notice prescribed in RCW 6.21.030.
[ 2012 c 117 § 161; 1988 c 231 § 36; 1899 c 53 § 1; RRS § 1121. Cf. Code 1881 § 613; 1869 p 146 § 567; 1854 p 208 § 412.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
Property exempt from execution and attachment: RCW 6.15.010.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.093 - Abandoned improved real estate—Purchaser takes free of redemption rights.

RCW 61.12.093
Abandoned improved real estate—Purchaser takes free of redemption rights.
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 such property free from all redemption rights as provided for in RCW 6.23.010 et seq. upon confirmation of the sheriff's sale by the court. Lack of occupancy by, or by authority of, the mortgagor or his or her successor in interest for a continuous period of six months or more prior to the date of the decree of foreclosure, coupled with failure to make payment upon the mortgage obligation within the said six month period, will be prima facie evidence of abandonment.
[ 2012 c 117 § 162; 1965 c 80 § 1; 1963 c 34 § 1.]
NOTES:
Deed to issue upon request immediately after confirmation of sale: RCW 6.21.120.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.094 - Abandoned improved real estate—Deficiency judgment precluded—Complaint, requisites, service.

RCW 61.12.094
Abandoned improved real estate—Deficiency judgment precluded—Complaint, requisites, service.
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: PROVIDED, HOWEVER, That such complaint need not be served upon any person who acquired the status of such successor in interest or redemptioner after the recording of lis pendens in such foreclosure action.
[ 2012 c 117 § 163; 1965 c 80 § 2; 1963 c 34 § 2.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.095 - Abandoned improved real estate—Not applicable to property used primarily for agricultural purposes.

RCW 61.12.095
Abandoned improved real estate—Not applicable to property used primarily for agricultural purposes.
RCW 61.12.093 and 61.12.094 shall not apply to property used primarily for agricultural purposes.
[ 1965 c 80 § 3; 1963 c 34 § 3.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.100 - Levy for deficiency under same execution.

RCW 61.12.100
Levy for deficiency under same execution.
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 judgment debtor may be made under the same execution. In such sales it shall only be necessary to advertise notice for two weeks in a newspaper published in the county where the said property is located, and if there be no newspaper published therein, then in the most convenient newspaper having a circulation in such county.
[Code 1881 § 620; 1877 p 129 § 623; 1873 p 151 § 571; 1869 p 148 § 573; RRS § 1123.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.110 - Notice of sale on deficiency.

RCW 61.12.110
Notice of sale on deficiency.
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 in the county where the property is situated, and if there be no newspaper published therein, then in the most convenient newspaper having a circulation in said county.
[Code 1881 § 621; 1877 p 129 § 624; 1869 p 148 § 574; RRS § 1124.]
NOTES:
Notice of sales under execution: RCW 6.21.020.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.120 - Concurrent actions prohibited.

RCW 61.12.120
Concurrent actions prohibited.
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 she prosecute any other action for the same matter while he or she is foreclosing his or her mortgage or prosecuting a judgment of foreclosure.
[ 2012 c 117 § 164; Code 1881 § 614; 1877 p 128 § 619; 1869 p 146 § 568; 1854 p 208 § 413; RRS § 1125.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.130 - Payment of sums due—Stay of proceedings.

RCW 61.12.130
Payment of sums due—Stay of proceedings.
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 the final judgment, proceedings thereon shall be stayed, subject to be enforced upon a subsequent default in the payment of any installment of the principal or interest thereafter becoming due. In the final judgment, the court shall direct at what time and upon what default any subsequent execution shall issue.
[Code 1881 § 615; 1877 p 128 § 620; 1869 p 147 § 569; 1854 p 208 § 414; RRS § 1126.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.140 - Sale in parcels to pay installments due.

RCW 61.12.140
Sale in parcels to pay installments due.
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 amount then due on the mortgage with costs, and the judgment shall remain and be enforced upon any subsequent default, unless the amount due shall be paid before execution of the judgment is perfected.
[Code 1881 § 616; 1877 p 128 § 620 (2d of 2 sections with same number); 1869 p 147 § 570; 1854 p 208 § 415; RRS § 1127.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.150 - Sale of whole property—Disposition of proceeds.

RCW 61.12.150
Sale of whole property—Disposition of proceeds.
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 residue does not bear interest, a deduction shall be made therefrom by discounting the legal interest. In all cases where the proceeds of the sale are more than sufficient to pay the amount due and costs, the surplus shall be applied to all interests in, or liens or claims of liens against, the property eliminated by sale under this section in the order of priority that the interest, lien, or claim attached to the property. Any remaining surplus shall be paid to the mortgage debtor, his or her heirs and assigns.
[ 2009 c 122 § 1; Code 1881 § 617; 1877 p 128 § 621; 1869 p 147 § 571; 1854 p 208 § 416; RRS § 1128.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.190 - Mortgages, deeds of trust.

RCW 61.12.190
Mortgages, deeds of trust.
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 the mortgage or deed of trust regardless of when the same are disbursed or whether the disbursements are obligatory.
[ 2023 c 76 § 2.]
NOTES:
Intent—2023 c 76: "It is the intent of the legislature to clarify that the first in time, first in right rule of priority applies to all mortgages and deeds of trust and any future advances thereunder without regard to whether such future advances are optional or obligatory. It is not the intent of the legislature to repeal any other statute that expressly provides for special priority over mortgages and deeds of trust." [ 2023 c 76 § 1.]
Retroactive application—2023 c 76: "This act applies to all causes of action commenced on or after July 23, 2023, regardless of when the cause of action arose. To this extent, this act applies retroactively, but in all other respects it applies prospectively." [ 2023 c 76 § 3.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.12 - Foreclosure of Real Estate Mortgages and Personal Property Liens. › 61.12.200 - Consumer protection act—Unfair or deceptive acts or practices—Penalties—Notice.

RCW 61.12.200
Consumer protection act—Unfair or deceptive acts or practices—Penalties—Notice.
(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 under this chapter and subject to disposition under RCW 61.12.150 in excess of:
(a) Five percent of the value thereof returned to such owner; and
(b) Reasonable attorneys' fees and costs, upon a motion and a hearing by a court of competent jurisdiction.
(2) Any person who violates this section is guilty of a misdemeanor and shall be fined not less than the amount of the fee or charge he or she has sought or received or contracted for, and not more than 10 times such amount, or imprisoned for not more than 30 days, or both.
(3) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
(4) Every contract for any fee or compensation for locating or purporting to purchase the right to recover funds held by a court that are proceeds from a foreclosure under this chapter and subject to disposition under RCW 61.12.150 must contain the following notice in 10-point boldface type or larger directly above the space reserved in the contract for the signature of the buyer:
"NOTICE TO HOMEOWNER:
(1) Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank.
(2) You are entitled to a copy of this contract at the time you sign it.
(3) You may cancel this contract within 10 days of signing by sending notice of cancellation by regular United States mail to the other party at his or her address shown on the contract, which notice shall be posted not later than midnight of the 10th day (excluding Sundays and holidays) following your signing of the contract."
[ 2023 c 206 § 10.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.16 - Assignment and Satisfaction of Real Estate and Chattel Mortgages. › 61.16.010 - Assignments, how made—Satisfaction by assignee.

RCW 61.16.010
Assignments, how made—Satisfaction by assignee.
Any person to whom any real estate mortgage is given, or the assignee of any such mortgage, may, by an instrument in writing, signed and acknowledged in the manner provided by law entitling mortgages to be recorded, assign the same to the person therein named as assignee, and any person to whom any such mortgage has been so assigned, may, after the assignment has been recorded in the office of the auditor of the county wherein such mortgage is of record, acknowledge satisfaction of the mortgage, and discharge the same of record.
[ 1995 c 62 § 13; 1897 c 23 § 1; RRS § 10616.]
NOTES:
Validating—1897 c 23: "All satisfactions of mortgages heretofore made by the assignees thereof, where the assignment was in writing, signed by the mortgagee or assignee, and where the same was recorded in the office of the auditor of the county wherein the mortgage was recorded, are hereby validated, and such satisfactions of mortgages so made shall have the same effect as if made by the mortgagees in such mortgages." [ 1897 c 23 § 2.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.16 - Assignment and Satisfaction of Real Estate and Chattel Mortgages. › 61.16.020 - Mortgages, how satisfied of record.

RCW 61.16.020
Mortgages, how satisfied of record.
Whenever the amount due on any mortgage is paid, the mortgagee or the mortgagee's legal representatives or assigns shall, at the request of any person interested in the property mortgaged, execute an instrument in writing referring to the mortgage by the volume and page of the record or otherwise sufficiently describing it and acknowledging satisfaction in full thereof. Said instrument shall be duly acknowledged, and upon request shall be recorded in the county wherein the mortgaged property is situated. Every instrument of writing heretofore recorded and purporting to be a satisfaction of mortgage, which sufficiently describes the mortgage which it purports to satisfy so that the same may be readily identified, and which has been duly acknowledged before an officer authorized by law to take acknowledgments or oaths, is hereby declared legal and valid, and a certified copy of the record thereof is hereby constituted prima facie evidence of such satisfaction.
[ 1995 c 62 § 14; 1985 c 44 § 13; 1901 c 52 § 1; 1886 p 116 § 1; RRS § 10614.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.16 - Assignment and Satisfaction of Real Estate and Chattel Mortgages. › 61.16.030 - Failure to acknowledge satisfaction of mortgage—Damages—Order.

RCW 61.16.030
Failure to acknowledge satisfaction of mortgage—Damages—Order.
If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020 sixty days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys' fee, to be recovered in any court having competent jurisdiction, and said court, when convinced that said mortgage has been fully satisfied, shall issue an order in writing, directing the auditor to immediately record the order.
[ 1999 c 233 § 8; 1995 c 62 § 15; 1984 c 14 § 1; 1886 p 117 § 2; RRS § 10615.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.008 - Borrower referred to mediation—When.

RCW 61.24.008
Borrower referred to mediation—When.
(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 notice of default has been issued but no later than 90 days prior to the date of sale listed in the notice of trustee's sale. If an amended notice of trustee's sale is recorded after the trustee sale has been stayed pursuant to RCW 61.24.130, the borrower may be referred to mediation no later than 25 days prior to the date of sale listed in the amended notice of trustee's sale.
(3) A borrower who has not been referred to mediation as of June 7, 2012, and who has had a notice of sale recorded may only be referred to mediation if the referral is made at least 90 days prior to the date of sale listed in the notice of trustee's sale. If an amended notice of trustee's sale is recorded, the borrower may be referred to mediation no later than 25 days prior to the date of sale listed in the amended notice of trustee's sale.
[ 2023 c 206 § 1; 2012 c 185 § 11.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.010 - Trustee, qualifications—Successor trustee.

RCW 61.24.010
Trustee, qualifications—Successor trustee.
(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 authorized to insure title to real property under the laws of this state, or any title insurance agent licensed under chapter 48.17 RCW; or
(c) Any attorney who is an active member of the Washington state bar association at the time the attorney is named trustee; or
(d) Any professional corporation incorporated under chapter 18.100 RCW, any professional limited liability company formed under chapter 25.15 RCW, any general partnership, including limited liability partnerships, formed under **chapter 25.04 RCW, all of whose shareholders, members, or partners, respectively, are either licensed attorneys or entities, provided all of the owners of those entities are licensed attorneys, or any domestic corporation wholly owned by any of the entities under this subsection (1)(d); or
(e) Any agency or instrumentality of the United States government; or
(f) Any national bank, savings bank, or savings and loan association chartered under the laws of the United States.
(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Only upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.
(3) The trustee or successor trustee shall have no fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust.
(4) The trustee or successor trustee has a duty of good faith to the borrower, beneficiary, and grantor.
[ 2012 c 185 § 13; 2009 c 292 § 7; 2008 c 153 § 1; 1998 c 295 § 2; 1991 c 72 § 58; 1987 c 352 § 1; 1981 c 161 § 1; 1975 1st ex.s. c 129 § 1; 1965 c 74 § 1.]
NOTES:
Reviser's note: *(1) Title 30 RCW was recodified and/or repealed pursuant to 2014 c 37.
**(2) Chapter 25.04 RCW was repealed in its entirety by 1998 c 103 § 1308.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.020 - Deeds subject to all mortgage laws—Foreclosure—Recording and indexing—Trustee and beneficiary, separate entities, exception.

RCW 61.24.020
Deeds subject to all mortgage laws—Foreclosure—Recording and indexing—Trustee and beneficiary, separate entities, exception.
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 trustee's sale. The county auditor shall record the deed as a mortgage and shall index the name of the grantor as mortgagor and the names of the trustee and beneficiary as mortgagee. No person, corporation or association may be both trustee and beneficiary under the same deed of trust: PROVIDED, That any agency of the United States government may be both trustee and beneficiary under the same deed of trust. A deed of trust conveying real property that is used principally for agricultural purposes may be foreclosed as a mortgage. Pursuant to *RCW 62A.9-501(4), when a deed of trust encumbers both real and personal property, the trustee is authorized to sell all or any portion of the grantor's interest in that real and personal property at a trustee's sale.
[ 1998 c 295 § 3; 1985 c 193 § 2; 1975 1st ex.s. c 129 § 2; 1965 c 74 § 2.]
NOTES:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Application—1985 c 193: "This act shall apply to foreclosures commenced, by the giving of a notice of default pursuant to RCW 61.24.030(6), after July 28, 1985." [ 1985 c 193 § 5.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.025 - Application of federal servicemembers civil relief act to deeds of trust.

RCW 61.24.025
Application of federal servicemembers civil relief act to deeds of trust.
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 § 5.]
NOTES:
Effective date—2004 c 161: See note following RCW 28B.10.270.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 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.

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.
(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 residential real property; and (b) the seller makes a written offer to the senior beneficiary to accept the entire net proceeds of the sale in order to facilitate closing of the purchase and sale; then the senior beneficiary must, within one hundred twenty days after the receipt of the written offer, deliver to the seller, in writing, an acceptance, rejection, or counter-offer of the seller's written offer. The senior beneficiary may determine, in its sole discretion, whether to accept, reject, or counter-offer the seller's written offer.
(2) This section applies only when the written offer to the senior beneficiary is received by the senior beneficiary prior to the issuance of a notice of default. The offer must include a copy of the purchase and sale agreement. The offer must be sent to the address of the senior beneficiary or the address of a party acting as a servicer of the obligation secured by the deed of trust.
(3) A seller has a right of action for actual monetary damages incurred as a result of the senior beneficiary's failure to comply with the requirements of subsection (1) of this section.
(4) A senior beneficiary is not liable for the actions or inactions of any other lienholder.
(5)(a) This section does not apply to deeds of trust: (i) Securing a commercial loan; (ii) securing obligations of a grantor who is not the borrower or a guarantor; or (iii) securing a purchaser's obligations under a seller-financed sale.
(b) This section does not apply to beneficiaries that are exempt from RCW 61.24.163, if enacted, or if not enacted, to beneficiaries that conduct fewer than two hundred fifty trustee sales per year.
(6) This section does not alter a beneficiary's right to issue a notice of default and does not lengthen or shorten any time period imposed or required under this chapter.
[ 2011 c 364 § 1.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.033 - Model language for initial contact letter used by beneficiaries—Rules.

RCW 61.24.033
Model language for initial contact letter used by beneficiaries—Rules.
(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 and Spanish and both versions must be contained in the same letter.
(b) No later than thirty days after April 14, 2011, the department must create the following forms:
(i) The notice form to be used by housing counselors and attorneys to refer borrowers to mediation under RCW 61.24.163;
(ii) The notice form stating that the parties have been referred to mediation along with the required information under RCW 61.24.163(3)(a);
(iii) The waiver form as required in *RCW 61.24.163(4)(b);
(iv) The scheduling form notice in *RCW 61.24.163(5)(b); and
(v) The form for the mediator's written certification of mediation.
(2) The department may create rules to implement the mediation program under RCW 61.24.163 and to administer the funds as required under RCW 61.24.172.
[ 2011 c 58 § 16.]
NOTES:
*Reviser's note: RCW 61.24.163 was amended by 2011 2nd sp.s. c 4 § 1, deleting subsection (4)(b). RCW 61.24.163 was subsequently amended by 2012 c 185 § 6, changing subsection (5)(b) to subsection (7)(b).
Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
Effective date—2011 c 58 §§ 11, 12, and 16: See note following RCW 61.24.172.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.042 - Notice to guarantor—Contents—Failure to provide.

RCW 61.24.042
Notice to guarantor—Contents—Failure to provide.
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 notices provided to the grantor, these notices shall state that (1) the guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust; (2) the guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) the guarantor will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs. The failure of the beneficiary to provide any guarantor the notice referred to in this section does not invalidate either the notices given to the borrower or the grantor, or the trustee's sale.
[ 1998 c 295 § 6.]
NOTES:
*Reviser's note: RCW 61.24.030 was amended by 2009 c 292 § 8, changing subsection (7) to subsection (8).
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.045 - Requests for notice of sale.

RCW 61.24.045
Requests for notice of sale.
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 notice of sale, cause to be filed for record, in the office of the auditor of any county in which the deed of trust is recorded, a duly acknowledged request for a copy of any notice of sale. The request shall be signed and acknowledged by the person to be notified or such person's agent, attorney, or representative; shall set forth the name, mailing address, and telephone number, if any, of the person or persons to be notified; shall identify the deed of trust by stating the names of the parties thereto, the date the deed of trust was recorded, the legal description of the property encumbered by the deed of trust, and the auditor's file number under which the deed of trust is recorded; and shall be in substantially the following form:
REQUEST FOR NOTICE
Request is hereby made that a copy of any notice of sale described in RCW 61.24.040(2) under that certain Deed of Trust dated . . . . . ., . . . . (year), recorded on . . . . . ., . . . . (year), under auditor's file No. . . . . . ., records of . . . . . . County, Washington, from . . . . . ., as Grantor, to . . . . . . . . ., as Trustee, to secure an obligation in favor of . . . . . . . . ., as Beneficiary, and affecting the following described real property:
(Legal Description)
be sent by both first-class and either registered or certified mail, return receipt requested, to . . . . . . . . . at . . . . . . . . .
Dated this . . . . day of . . . . . ., . . . . (year)
. . . .
Signature
(Acknowledgment)
A request for notice under this section shall not affect title to, or be deemed notice to any person that any person has any right, title, interest in, lien or charge upon, the property described in the request for notice.
[ 2018 c 306 § 3; 2008 c 153 § 4; 1985 c 193 § 1.]
NOTES:
Application—1985 c 193: See note following RCW 61.24.020.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.048 - Foreclosure sale—Notice from homeowner assistance fund program.

RCW 61.24.048
Foreclosure sale—Notice from homeowner assistance fund program. (Contingent expiration date.)
(1)(a) The trustee shall continue a foreclosure sale for at least 30 days upon receipt of a written notice from the homeowner assistance fund program administered by the Washington state housing finance commission that an application has been submitted to the homeowner assistance fund program on behalf of the applicant.
(b) The trustee shall continue the foreclosure sale for an additional 30-day period upon receipt of a written notice from the homeowner assistance fund program that the applicant is deemed eligible for the program.
(c) An automated notice issued by the homeowner assistance fund program does not qualify as written notice required in this section.
(2)(a) If an application to the homeowner assistance fund program is approved in the amount that would cure the default and make the beneficiary whole, a sale may not proceed while the approved application is pending for payment.
(b) A sale may proceed if the homeowner assistance fund program issues a written confirmation that an application has been denied or that no funds from the program will be paid in response to the application, and that any appeal process available to the applicant has been exhausted and is no longer pending.
(3) The trustee has no duty to delay a sale if the applicant has already received a continuance based on prior application to the homeowner assistance fund program, unless the applicant demonstrates to the trustee that a new application is pending based upon a substantial change in circumstances supporting a new application and that it has not been submitted solely for the purpose of delaying the sale.
(4)(a) The trustee must comply with the process set forth in RCW 61.24.040(1) for giving notice of the continued sale.
(b) A continuance of a sale pursuant to this section shall not be included in calculating the maximum sale continuance period of 120 days established in RCW 61.24.040(10).
(5) For purposes of this section, "applicant" means a person who:
(a) Is the borrower, a successor in interest to a deceased borrower, or a person who has been awarded title to the property; and
(b) Has submitted an application to the homeowner assistance fund program or on whose behalf an application to the program has been submitted.
[ 2023 c 206 § 9.]
NOTES:
Contingent expiration date—Notice—2023 c 206 § 9: "(1) Section 9 of this act expires upon the expiration and permanent closure of the homeowner assistance fund program.
(2) The Washington state housing finance commission must provide written notice of the expiration date of section 9 of this act to the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the commission." [ 2023 c 206 § 12.]
Effective date—2023 c 206 §§ 7-9 and 12: See note following RCW 61.24.166.
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.060 - Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.

RCW 61.24.060
Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.
(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 tenants, who were given all of the notices to which they were entitled under this chapter. The purchaser shall also have a right to the summary proceedings to obtain possession of real property provided in chapter 59.12 RCW.
(2) If the trustee elected to foreclose the interest of any occupant or tenant, the purchaser of tenant-occupied property at the trustee's sale shall provide written notice to the occupants and tenants at the property purchased in substantially the following form:
"NOTICE: The property located at . . . . . . was purchased at a trustee's sale by . . . . . . on . . . . . . (date).
1. If you are the previous owner or an occupant who is not a tenant of the property that was purchased, pursuant to RCW 61.24.060, the purchaser at the trustee's sale is entitled to possession of the property on . . . . . . (date), which is the twentieth day following the sale.
2. If you are a tenant or subtenant in possession of the property that was purchased, pursuant to RCW 61.24.146, the purchaser at the trustee's sale may either give you a new rental agreement OR give you a written notice to vacate the property in sixty days or more before the end of the monthly rental period."
(3) The notice required in subsection (2) of this section must be given to the property's occupants and tenants by both first-class mail and either certified or registered mail, return receipt requested.
[ 2009 c 292 § 10; 1998 c 295 § 8; 1967 c 30 § 2; 1965 c 74 § 6.]
2023 Revised Code of Washington › Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts › Chapter 61.24 - Deeds of Trust. › 61.24.070 - Trustee's sale, who may bid at—If beneficiary is purchaser—If purchaser is not beneficiary.

RCW 61.24.070
Trustee's sale, who may bid at—If beneficiary is purchaser—If purchaser is not beneficiary.
(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 deed of trust. If the beneficiary is the purchaser, any amount bid by the beneficiary in excess of the amount so credited shall be paid to the trustee in the form of cash, certified check, cashier's check, money order, or funds received by verified electronic transfer, or any combination thereof. If the purchaser is not the beneficiary, the entire bid shall be paid to the trustee in the form of cash, certified check, cashier's check, money order, or funds received by verified electronic transfer, or any combination thereof.
[ 1998 c 295 § 9; 1965 c 74 § 7.]
2023 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.]
2023 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.]
2023 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.]