WA is a non-judicial foreclosure state with the Foreclosure Fairness Act requiring mediation. 90-day pre-foreclosure notice. 120-day notice of sale. We prepare documents for all 39 WA Superior Courts.
FFA Mediation
Foreclosure Fairness Act
90+120 Days
Extended notice periods
39 Counties
Superior Court filing
Consumer Protection
WA CPA claims
Washington is a non-judicial foreclosure state under RCW 61.24, with the Foreclosure Fairness Act (RCW 61.24.163) requiring mandatory mediation for owner-occupied properties.
90-Day Pre-Foreclosure Notice
Under RCW 61.24.031, lender must send Notice of Default with 90-day cure period and FFA mediation notice. Must include list of HUD-approved housing counselors.
FFA Mediation
Owner-occupied homeowners can request FFA mediation within 20 days. Mediation must occur before NTS can be issued. Lender must produce documents and negotiate in good faith.
Notice of Trustee Sale (NTS)
120-day notice of sale required after NOD. File civil suit in WA Superior Court for TRO/injunction to stop. No post-sale redemption.
WA has no post-sale redemption for non-judicial foreclosures. You must act during the 90+120 day notice period or file a civil suit before the trustee sale.
Foreclosure Fairness Act Mediation
RCW 61.24.163 requires mandatory mediation for owner-occupied properties before NTS issuance. Lender must produce original note, deed of trust, and proof of authority to foreclose.
WA Consumer Protection Act
RCW 19.86 et seq. — WA's strong consumer protection law. Deceptive mortgage lending and servicing practices can be asserted as claims in civil lawsuits with treble damages and attorney's fees.
Standing Challenge
The foreclosing beneficiary must prove ownership of the note and authority under the deed of trust. MERS and securitization chain-of-title defects are powerful defenses.
Washington provides strong borrower protections through the Foreclosure Fairness Act, the WA Consumer Protection Act, and extended notice requirements.
Under RCW 61.24.163, owner-occupied homeowners can request Foreclosure Fairness Act mediation within 20 days of receiving the Notice of Default. The lender must participate in good faith and produce original documents. Mediation can result in loan modification, forbearance, or settlement — and sanctions apply for bad-faith participation.
The Washington Consumer Protection Act (RCW 19.86 et seq.) prohibits unfair and deceptive acts in trade and commerce, including mortgage lending and servicing. Violations can be asserted as claims in civil lawsuits — with treble damages (up to $25,000), injunctive relief, and attorney's fees available.
Washington requires a 90-day pre-foreclosure notice (RCW 61.24.031) followed by a 120-day Notice of Trustee Sale period — totaling 210+ days before a sale can occur. These extended timelines, combined with FFA mediation, give WA homeowners significant time to mount a defense.
WA non-judicial foreclosures under RCW Chapter 61.24:
| Stage | Timeline | Legal Authority | Homeowner Action |
|---|---|---|---|
| 90-Day Pre-Foreclosure Notice | Sent 90+ days before NOD recording; includes FFA mediation notice | RCW 61.24.031 | Request FFA mediation within 20 days if owner-occupied |
| FFA Mediation | Must be completed before NTS can be issued | RCW 61.24.163 | Attend with documentation; lender must prove standing |
| Notice of Trustee Sale (NTS) | 120 days notice; published, posted, and mailed | RCW 61.24.040 | File civil suit + TRO in WA Superior Court |
Remedy: Rescission, statutory damages, plus WA CPA remedies.
Remedy: Actual damages, statutory damages up to $2,000, attorney's fees.
WA gives you 210+ days of notice — use it wisely. Contact us for a free case evaluation. We'll review FFA mediation eligibility, standing issues, TILA/RESPA/CPA violations, and prepare your civil lawsuit strategy for 39 WA Superior Courts.