The state of Washington allows foreclosure procedures to take place judicially as well as outside the premises of the court. The non-judicial foreclosures are very common. The non-judicial foreclosure procedure generally takes about five months to complete.

In a judicial foreclosure procedure, the lender files an appeal against the defaulter for not paying the loan amount. The court shall issue a ruling on the suit within a period not less than 30 days, extendable up to 60 days in case the borrower is resident out-of-state. The extended period would provide ample time for the borrower out-of-state to respond. If the court rules against the borrower, the property can be sold in auction to recover the dues owed to the lender. After the court ruling is given, a Sheriff's sale shall occur generally in 6-8 weeks.

Prior to the commencement of a non-judicial foreclosure process, the lender issues a notice of default to the borrower by mail. The lender posts the notice of default at the property, or shall deliver the notice in person to the borrower. The borrower is permitted a period of 30 days to submit his response before the property is offered for sale.

The borrower can halt the foreclosure process anytime within a period of 11 days of the date of sale by remitting entirely the payments due, plus any applicable costs and expenses.

If the foreclosure process is not halted by the borrower with a period of 30 days from the receipt of the notice of default, the lenders records a sale notice with the county recorder. Such record of sale notice shall be done within a period not less than 90 days before the date of the scheduled sale and the sale notice is sent to the borrower and other concerned parties by mail. The lender shall publish the sale notice in a local newspaper twice. The first time the publication is done between the 32nd and 28th days prior to the date of sale, and the second time the publication is done between the 11th and 7th days prior to the date of the auction.

The sale of foreclosed property, in the State of Washington, is done through a public auction. The person who bids the highest shall be awarded the sale and the bid amount must be paid in cash. For non-judicial (out-of-court) foreclosures, the ownership is transferred to the winning bidder by the trustee. The prized bidder can take possession of the foreclosed property after 20 days of the date of the foreclosure sale.

In an out-of-court foreclosure sale in Washington, the borrower cannot redeem the property once the sale is completed. In a judicial foreclosure procedure, the borrower is entitled for redemption for one year from the date of the sale. The redemption of the foreclosed property has to be done by paying the full debts along with applicable costs. During the period of redemption, the borrower can retain possession of the foreclosed property if the property is the borrower's primary residence.

If you need more information about Washington foreclosure laws, you should contact a foreclosure lawyer, or contact us so we can recommend one for you.