Washington is a non-judicial foreclosure state with strong borrower protections, including the WA Foreclosure Fairness Act mediation program. You do not receive a Summons — instead, file a civil lawsuit in WA Superior Court.
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Washington uses non-judicial foreclosure under the Deed of Trust Act (RCW 61.24). It offers some of the strongest homeowner protections in the country — including a 90-day Notice of Default (NOD) waiting period, the Foreclosure Fairness Act mediation program, and a 90-day Notice of Trustee's Sale (NTS) requirement. Because there is no court summons, you must file a civil lawsuit to stop the sale and preserve your rights.
Unlike many other non-judicial states, Washington builds meaningful timing and process protections into the foreclosure path. The 90-day NOD waiting period and the mandatory mediation opportunity give homeowners a genuine window to seek a modification or file suit — but only if you act within each deadline. Missing the mediation window or ignoring the trustee's sale can forfeit your strongest tools.
Request Foreclosure Mediation Immediately
Under the WA Foreclosure Fairness Act (RCW 61.24.163), you can request mediation with a neutral third party. The lender must participate. Request within 20 days of receiving the NTS.
File Your Lawsuit in Superior Court
File a civil complaint in the Superior Court of the county where the property is located. Common claims: Deed of Trust Act violations, dual tracking, failure to offer mediation, TILA/RESPA claims. Filing fee: $200-$500.
Complete the Mediation Session
Attend mediation in good faith and bring your financial documents. A successful session can lead to a loan modification, reinstatement, or a negotiated resolution before the sale.
Act Before the Trustee's Sale
If mediation fails, seek injunctive relief in Superior Court before the auction. Once the trustee's sale occurs, your options narrow dramatically.
| Type | Non-Judicial (Deed of Trust Act, RCW 61.24) |
| NOD Period | 90 days minimum |
| Mediation | Foreclosure Fairness Act — request within 20 days of NTS |
| Court | WA Superior Court (county of property) |
| Filing Fee | $200-$500 |
Failures to follow RCW 61.24 — including improper notices or a defective trustee's sale — can be challenged in court.
Advancing toward foreclosure while a loss-mitigation application is pending violates WA law and can stop the sale.
Failure to offer or participate in Foreclosure Fairness Act mediation is a powerful ground to challenge the foreclosure.
Servicing and disclosure violations under federal law can provide counterclaims and negotiation leverage.
Washington's protections are powerful, but every deadline matters. Time the mediation request right and act before the trustee's sale.
Use the Foreclosure Fairness Act mediation. The 90-day timeline gives you time to act.
Get Help TodayRequesting mediation within 20 days of the NTS pauses the sale and gives you a formal platform to negotiate a modification.