Washington foreclosure FAQ

Under federal rules your servicer generally can't start foreclosure until you're more than 120 days behind. In practice, between that rule and Washington's required notices, it's usually around 6–8 months from your first missed payment to an actual trustee's sale — so you have more time than it feels like.

Almost all Washington foreclosures are non-judicial — handled by a trustee under the Deed of Trust Act (RCW 61.24), without going to court. That's why the timeline is driven by recorded notices and a set sale date rather than a lawsuit.

After you're 120+ days delinquent, the lender sends a Notice of Default, then records a Notice of Trustee's Sale. By law the sale can't happen sooner than 120 days after that notice is recorded — so from first missed payment to sale is commonly about 6–8 months.

Sometimes. In Washington you can reinstate (pay what's past due plus costs) up to 11 days before the sale. Filing Chapter 13 bankruptcy triggers an automatic stay that can halt a sale even at the last minute, and in some cases a cash sale can close before the date. The earlier you act, the better.

You generally have the right to reinstate up to and including the 11th day before the trustee's sale by paying the past-due amount plus fees and costs. After that, accepting payment is at the lender's discretion (RCW 61.24.090).

Yes. Your right to sell or pay off the loan survives right up until the trustee's sale. Selling before the sale lets you protect your credit and capture your equity instead of losing the home at auction.

If your home is worth more than you owe, yes — you keep the difference. Selling yourself (to a cash buyer or on the market) lets you capture that equity directly and quickly, instead of hoping to claim leftover 'surplus funds' after an auction.

For a primary residence foreclosed non-judicially, the lender generally cannot pursue you for any shortfall — there's no deficiency judgment after a trustee's sale (RCW 61.24.100). The foreclosure still damages your credit, which selling first can help you avoid.

No. After a non-judicial trustee's sale in Washington there is no redemption period — you can't buy the home back afterward. (Some sites wrongly cite '6 months'; that only applies to rare judicial foreclosures.) That's exactly why acting before the sale matters.

Filing triggers an automatic stay that immediately halts the trustee's sale. Chapter 13 lets you cure the past-due amount over 3–5 years if you can afford the ongoing payment; Chapter 7 usually only delays the sale. Talk to a bankruptcy attorney about your situation.

Washington's Foreclosure Fairness Act lets eligible owner-occupants be referred to mediation with their servicer — but the referral has to come from a housing counselor or attorney, and generally no later than 90 days before the sale. The referral pauses the sale while mediation happens (RCW 61.24.163).

The buyer at the trustee's sale is entitled to possession on the 20th day after the sale. If you haven't left, they have to go through a formal eviction — but it's far better to resolve things before the sale.

A foreclosure stays on your credit report for seven years. Re-qualifying for a mortgage afterward typically takes about 3 years for FHA, 2 for VA, and up to 7 for conventional loans. Selling before foreclosure avoids the foreclosure mark entirely.

Not if you sell to us. We buy as-is for cash, cover the closing costs, and charge no fees or commissions — so more of your equity stays with you, and you don't sink money into repairs.