rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
|---|---|---|
60.90.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Account" has the same meaning as defined in RCW 62A.9A-102 . (2) "Chattel paper" has the same meaning as defined in RCW 62A.9A-102 . (3) "Department" means the department of labor and industries. (4) "Direc... |
60.90.020 | Wage liens—Effect on ownership or title in certain property. | (1)(a) An employee, except a highly compensated employee, who complies with RCW 60.90.030 has a wage lien for wage claims on: (i) Any real property in the state of Washington that is owned or subsequently acquired by the employee's employer; (ii) Goods and tangible chattel paper in the state of Washington that are owne... |
60.90.030 | Establishing wage liens on property pursuant to RCW60.90.020. | (1) To establish a wage lien on real property pursuant to RCW 60.90.020 , the lien claimant must: (a) File for recording a notice of claim of wage lien in the county where the property is located that includes: (i) The name, telephone number, and address of the lien claimant and, if the wage lien has been assigned, the... |
60.90.040 | Financial statement filings. | The department of licensing shall file and index the financial statement filings under RCW 60.90.030 (2) in the same systems as those filings made under RCW 62A.9A-519 .
[ 2021 c 102 s 5 .] |
60.90.050 | Assignability. | Any wage lien or right of wage lien created by this chapter and the right of action to recover the wage lien is assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made.
[ 2021 c 102 s 6 .] |
60.90.060 | Recording—Notice. | (1) After a wage claim for which a wage lien has been recorded as to real property has been commenced in any court, but no later than eight months after the recording of the wage lien, the wage claimant or the claimant's assignee must file with the auditor of each county in which the property is situated a notice of th... |
60.90.070 | Wage lien foreclosure. | (1) A wage lien may be judicially foreclosed by an action in: (a) For real property, a superior court in any county in this state, or in United States district court for any district in the state of Washington when the action is brought by the United States department of labor; (b) For personal property, a district cou... |
60.90.080 | Lien foreclosure—Enforcement—Joinder—Consolidation of actions. | (1) A lien under this chapter may be foreclosed and enforced as provided under RCW 60.90.070 . The court shall have the power to order the sale of the property. In any action brought to foreclose a lien, the owner shall be joined as a party. The interest in the property of any person who, prior to the commencement of t... |
60.90.090 | Wage lien extinguished—Form. | (1) A wage lien is extinguished: (a) If an action for the underlying wage claim is not brought within eight months of the date the wage lien was recorded or if the notice required by RCW 60.90.060 was not recorded within eight months of the date the wage lien was recorded; (b) If the action for the underlying wage clai... |
60.90.100 | Priority among wage liens—Real property—Personal property—Wage lien not effective, when. | (1) Priority among wage liens recorded pursuant to this chapter is determined by date of recording. The first to be recorded has priority. (2) A wage lien as to real property recorded pursuant to this chapter shall be prior to any security interest, lien, mortgage, deed of trust, or other encumbrance that attached to t... |
60.90.110 | Waiver. | A contract between an employer and employee may not waive or require an employee to waive the right to a wage lien under this chapter. A provision of a contract made in violation of this section is void as against the public policy of this state.
[ 2021 c 102 s 12 .] |
60.90.120 | Notice to spouse, domestic partner. | The claim of wage lien, when filed as required by this chapter, constitutes notice to the spouse or the domestic partner of the person who appears on record to be the owner of the property sought to be charged with the wage lien, and subjects all the community interest of both spouses or both domestic partners to the w... |
60.90.130 | Frivolous claims and claims without reasonable cause or clearly excessive—Order directing lien claimant to appear. | (1) Any owner of real or personal property subject to a recorded claim of lien under this chapter, or lender or another lien claimant who believes the claim of lien to be frivolous and made without reasonable cause or clearly excessive, may apply by motion to the appropriate court, as specified under RCW 60.90.070 , fo... |
60.90.140 | Surety bond. | (1) Any owner of property subject to a recorded claim of lien under this chapter, or lender or another lien claimant, who disputes the correctness or validity of the claim of lien, may either before or after the commencement of an action on the wage claim underlying the lien, furnish a bond issued by a surety company a... |
60.90.900 | Short title—2021 c 102. | This act may be known and cited as the Washington wage recovery act.
[ 2021 c 102 s 1 .] |
60.90.901 | Construction of chapter. | This chapter is to be liberally construed to provide security for all persons intended to be protected by its provisions.
[ 2021 c 102 s 16 .] |
60.90.902 | Effective date—2021 c 102. | This act takes effect January 1, 2022.
[ 2021 c 102 s 21 .] |
61.10.010 | Definitions. | As used in this chapter: (1) "Institutional third party" means the federal national mortgage association, the federal home loan mortgage corporation, the government national mortgage association, and other substantially similar institutions, whether public or private, provided the institutions establish and adhere to r... |
61.10.020 | Condition of residential mortgage transaction—Disclosures—Notices—Harm to borrower—Compliance with federal requirements. | (1) If a borrower is required to obtain and maintain mortgage insurance as a condition of entering into a residential mortgage transaction, the lender shall disclose to the borrower whether and under what conditions the borrower has the right to cancel the mortgage insurance in the future. This disclosure shall include... |
61.10.030 | Termination of insurance during term of indebtedness—Exception—Required conditions—Application to residential mortgage transactions—Compliance with federal requirements. | (1) Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to a residential mortgage transaction purchased in whole or in part by an institutional third party specifically prohibits cancellation during the term of indebtedness, the lender or servicer of a re... |
61.10.040 | Not required when loan is less than eighty percent of value—Compliance with federal requirements. | On or after July 1, 1998, no borrower entering into a residential mortgage transaction in which the principal amount of the loan is less than eighty percent of the fair market value of the property shall be required to obtain mortgage insurance. Fair market value for a purchase money loan is the lesser of the sales pri... |
61.10.901 | Effective date—1998 c 255. | This act takes effect July 1, 1998.
[ 1998 c 255 s 6 .] |
61.12.010 | Encumbrances shall be by deed. | See RCW 64.04.010 . |
61.12.020 | Mortgage—Form—Contents—Effect. | Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of (here insert the nature and amount of indebtedness, showing when due, rate of interest, and whether evidenced by note, bond or other instrument o... |
61.12.030 | Removal of property from mortgaged premises—Penalty. | (1) When any real estate in this state is subject to, or is security for, any mortgage, mortgages, lien or liens, other than general liens arising under personal judgments, it shall be unlawful for any person who is the owner, mortgagor, lessee, or occupant of such real estate to destroy or remove or to cause to be des... |
61.12.040 | Foreclosure—Venue. | When default is made in the performance of any condition contained in a mortgage, the mortgagee or his or her assigns may proceed in the superior court of the county where the land, or some part thereof, lies, to foreclose the equity of redemption contained in the mortgage.
[ 2012 c 117 s 160 ; Code 1881 s 609; 1877 p ... |
61.12.050 | When remedy confined to mortgaged property. | When there is no express agreement in the mortgage nor any separate instrument given for the payment of the sum secured thereby, the remedy of the mortgagee shall be confined to the property mortgaged.
[Code 1881 s 610; 1877 p 127 s 615 ; 1869 p 146 s 564 ; 1854 p 207 s 409 ; RRS s 1117.] |
61.12.060 | Judgment—Order of sale—Satisfaction—Upset price. | In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisfy the judgment. The court, in ordering t... |
61.12.061 | Exception as to mortgages held by the United States. | The provisions of *this act shall not apply to any mortgage while such mortgage is held by the United States or by any agency, department, bureau, board or commission thereof as security or pledge of the maker, its successors or assigns.
[1935 c 125 s 1 1/2; RRS s 1118-1. Formerly RCW 61.12.060 , part.]
*Reviser's note... |
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 satisfi... |
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 colle... |
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 sh... |
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 righ... |
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 complain... |
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 s 3 ; 1963 c 34 s 3 .] |
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 sa... |
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 sit... |
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 sa... |
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... |
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, a... |
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 deductio... |
61.12.170 | Recording. | See chapter 65.08 RCW. |
61.12.180 | Foreclosure of reverse residential mortgage—Notice. | (1) Before any mortgagee of residential real property commences any legal action under RCW 61.12.040 to foreclose any reverse residential mortgage, such person shall give the mortgagor notice of such intention at least thirty-three days in advance. For the purposes of this section "residential real property" means prop... |
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 ... |
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 dispositi... |
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 be... |
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 describin... |
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, wh... |
61.24.005 | Definitions.(Effective until January 1, 2026.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affiliate of beneficiary" means any entity which controls, is controlled by, or is under common control with a beneficiary. (2) "Beneficiary" means the holder of the instrument or document evidencing the ob... |
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 ... |
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 pr... |
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 re... |
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 s 5 .]
Effective date — 2004 c 161: See note following RCW 28B.10.270 . |
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 ... |
61.24.030 | Requisites to trustee's sale.(Effective until January 1, 2028.) | It shall be requisite to a trustee's sale: (1) That the deed of trust contains a power of sale; (2) That the deed of trust contains a statement that the real property conveyed is not used principally for agricultural purposes; provided, if the statement is false on the date the deed of trust was granted or amended to i... |
61.24.031 | Notice of default under RCW61.24.030(8)—Beneficiary's duties—Borrower's options.(Effective until January 1, 2028.) | (1)(a) A trustee, beneficiary, or authorized agent may not issue a notice of default under RCW 61.24.030 (8) until: (i) Thirty days after satisfying the due diligence requirements as described in subsection (5) of this section and the borrower has not responded; or (ii) if the borrower responds to the initial contact, ... |
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 ... |
61.24.040 | Foreclosure and sale—Notice of sale.(Effective until January 1, 2028.) | A deed of trust foreclosed under this chapter shall be foreclosed as follows: (1) At least 90 days before the sale, or if a letter under RCW 61.24.031 is required, at least 120 days before the sale, the trustee shall: (a) Record a notice in the form described in subsection (2) of this section in the office of the audit... |
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 no... |
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 rec... |
61.24.050 | Interest conveyed by trustee's deed—Sale is final if acceptance is properly recorded—Redemption precluded after sale—Rescission of trustee's sale. | (1) Upon physical delivery of the trustee's deed to the purchaser, or a different grantee as designated by the purchaser following the trustee's sale, the trustee's deed shall convey all of the right, title, and interest in the real and personal property sold at the trustee's sale which the grantor had or had the power... |
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 notic... |
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... |
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, b... |
61.24.090 | Curing defaults before sale—Discontinuance of proceedings—Notice of discontinuance—Execution and acknowledgment—Payments tendered to trustee. | (1) At any time prior to the eleventh day before the date set by the trustee for the sale in the recorded notice of sale, or in the event the trustee continues the sale pursuant to *RCW 61.24.040 (6), at any time prior to the eleventh day before the actual sale, the borrower, grantor, any guarantor, any beneficiary und... |
61.24.100 | Deficiency judgments—Foreclosure—Trustee's sale—Application of chapter. | (1) Except to the extent permitted in this section for deeds of trust securing commercial loans, a deficiency judgment shall not be obtained on the obligations secured by a deed of trust against any borrower, grantor, or guarantor after a trustee's sale under that deed of trust. (2)(a) Nothing in this chapter precludes... |
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) I... |
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 s 12 .] |
61.24.127 | Failure to bring civil action to enjoin foreclosure—Not a waiver of claims. | (1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting: (a) Common law fraud or misrepresentation; (b) A violation of Title 19 RCW; (c) Failure of the trustee to materially comply with the provisions ... |
61.24.130 | Restraint of sale by trustee—Conditions—Notice. | (1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale. The court shall require as a condition ... |
61.24.135 | Consumer protection act—Unfair or deceptive acts or practices—Penalties—Notice. | (1) It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any person, acting alone or in concert with others, to offer, or offer to accept or accept from another, any consideration of any type not to bid, or to reduce a bid, at a sale of property conducted pursuant to a ... |
61.24.140 | Assignment of rents—Collecting payment of rent. | The beneficiary shall not enforce or attempt to enforce an assignment of rents by demanding or collecting rent from a tenant occupying property consisting solely of a single-family residence, or a condominium, cooperative, or other dwelling unit in a multiplex or other building containing fewer than five residential un... |
61.24.143 | Foreclosure of tenant-occupied property—Notice of trustee's sale. | If the trustee elects to foreclose the interest of any occupant of tenant-occupied property, upon posting a notice of trustee's sale under RCW 61.24.040 , the trustee or its authorized agent shall post in the manner required under RCW 61.24.040 (1)(e) and shall mail at the same time in an envelope addressed to the "Res... |
61.24.146 | Foreclosure of tenant-occupied property—Notice to vacate. | (1) A tenant or subtenant in possession of a residential real property at the time the property is sold in foreclosure must be given sixty days' written notice to vacate before the tenant or subtenant may be removed from the property as prescribed in chapter 59.12 RCW. Notwithstanding the notice requirement in this sub... |
61.24.155 | Unit owner delinquency—Housing counseling services—Duties of housing counselors.(Effective January 1, 2026, until January 1, 2028.) | (1) A unit owner who is or may become delinquent to an association for an assessment charged may contact a housing counselor to receive housing counseling services. (2) Housing counselors have a duty to act in good faith to assist unit owners by: (a) Preparing the unit owner for meetings with the association; (b) Advis... |
61.24.156 | Unit owner delinquency—Housing counseling services—Duties of housing counselors.(Effective January 1, 2028.) | (1) A unit owner who is or may become delinquent to an association for an assessment charged may contact a housing counselor to receive housing counseling services. (2) Housing counselors have a duty to act in good faith to assist unit owners by: (a) Preparing the unit owner for meetings with the association; (b) Advis... |
61.24.157 | Residential mortgage loans—Foreclosure prevention fee—Notice. | (1) For each residential mortgage loan, as defined in RCW 31.04.015 (24), originated within or outside of the state of Washington and related to property located within the state of Washington, excepting only reverse mortgage loans issued to seniors over the age of 61, a foreclosure prevention fee of $80 shall be asses... |
61.24.158 | Notice of default fee—Foreclosure prevention fee—Annual report. | By December 31, 2025, the department shall provide a report to the appropriate committees of the legislature on the number and amounts received from the notice of default fee remitted under RCW 61.24.190 and the foreclosure prevention fee remitted under RCW 61.24.157 into the foreclosure fairness account authorized und... |
61.24.160 | Housing counselors—Good faith duty to attempt resolution—Resolution described—Mediation—Liability for civil damages—Annual report. | (1)(a) A housing counselor who is contacted by a borrower under RCW 61.24.031 has a duty to act in good faith to attempt to reach a resolution with the beneficiary on behalf of the borrower within the 90 days provided from the date the beneficiary initiates contact with the borrower and the date the notice of default i... |
61.24.163 | Foreclosure mediation program—Timelines—Procedures—Duties and responsibilities of mediator, borrower, and beneficiary—Fees—Annual report.(Effective until January 1, 2026.) | (1) The foreclosure mediation program established in this section applies only to borrowers who have been referred to mediation by a housing counselor or attorney. The referral to mediation may be made any time after a notice of default has been issued but no later than 90 days prior to the date of sale listed in the n... |
61.24.165 | Application of RCW61.24.163.(Effective until January 1, 2026.) | (1) RCW 61.24.163 applies only to deeds of trust that are recorded against residential real property of up to four units. (2) RCW 61.24.163 does not apply to deeds of trust: (a) Securing a commercial loan; (b) Securing obligations of a grantor who is not the borrower or a guarantor; (c) Securing a purchaser's obligatio... |
61.24.166 | Application of RCW61.24.163to federally insured depository institutions—Annual application for exemption. | (1) Beginning on January 1, 2024, the provisions of RCW 61.24.163 do not apply to any federally insured depository institution, as defined in 12 U.S.C. Sec. 461(b)(1)(A), that certifies to the department under penalty of perjury that it was not a beneficiary of deeds of trust in more than 250 trustee sales of residenti... |
61.24.169 | Department maintains list of approved foreclosure mediators—Training program—Mediator involvement in civil action. | (1) For the purposes of RCW 61.24.163 , the department must maintain a list of approved foreclosure mediators. The department may approve the following persons to serve as foreclosure mediators under this section if the person has completed ten mediations and either a forty-hour mediation course and sixty hours of medi... |
61.24.172 | Foreclosure fairness account created—Uses. | The foreclosure fairness account is created in the custody of the state treasurer. All receipts received under RCW * 61.24.174 , as it existed prior to July 1, 2016, ** 61.24.173 , 61.24.190 , and 61.24.157 must be deposited into the account. Only the director of the department of commerce or the director's designee ma... |
61.24.177 | Deed of trust pool—Duty of servicer to maximize net present value. | Any duty that servicers may have to maximize net present value under their pooling and servicing agreements is owed to all parties in a deed of trust pool, not to any particular parties, and a servicer acts in the best interests of all parties if it agrees to or implements a modification or workout plan when both of th... |
61.24.180 | Trustee as defendant—Declaration of nonmonetary status—Objection. | (1) If a trustee under a deed of trust is named as a defendant in an action or proceeding in which that deed of trust is the subject, and if there are no substantive allegations that seek damages from the trustee or seek to enjoin the foreclosure based on any alleged unlawful actions or omissions by the trustee, includ... |
61.24.190 | Notices of default—Requirements—Payment—Department not civilly liable if no gross negligence in releasing information—Application.(Effective until January 1, 2028.) | (1) Except as provided in subsections (6) and (7) of this section, beginning January 1, 2022, and every quarter thereafter, every beneficiary issuing notices of default, or causing notices of default to be issued on its behalf, on residential real property under this chapter must: (a) Report to the department, on a for... |
61.30.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Contract" or "real estate contract" means any written agreement for the sale of real property in which legal title to the property is retained by the seller as security for payment of the purchase price. "... |
61.30.020 | Forfeiture or foreclosure—Notices—Other remedies not limited. | (1) A purchaser's rights under a real estate contract shall not be forfeited except as provided in this chapter. Forfeiture shall be accomplished by giving and recording the required notices as specified in this chapter. This chapter shall not be construed as prohibiting or limiting any remedy which is not governed or ... |
61.30.030 | Conditions to forfeiture. | It shall be a condition to forfeiture of a real estate contract that: (1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located; (2) A breach has occurred in one or more of the purchaser's obligations under the contract and the contract provides that a... |
61.30.040 | Notices—Persons required to be notified—Recording. | (1) The required notices shall be given to each purchaser last known to the seller or the seller's agent or attorney giving the notice and to each person who, at the time the notice of intent to forfeit is recorded, is the last holder of record of a purchaser's interest. Failure to comply with this subsection in any ma... |
61.30.050 | Notices—Form—Method of service. | (1) The required notices shall be given in writing. The notice of intent to forfeit shall be signed by the seller or by the seller's agent or attorney. The declaration of forfeiture shall be signed and sworn to by the seller. The seller may execute the declaration of forfeiture through an agent under a power of attorne... |
61.30.060 | Notice of intent to forfeit—Declaration of forfeiture—Time limitations. | The notice of intent to forfeit shall be given not later than ten days after it is recorded. The declaration of forfeiture shall be given not later than three days after it is recorded. Either required notice may be given before it is recorded, but the declaration of forfeiture may not be given before the time for cure... |
61.30.070 | Notice of intent to forfeit—Declaration of forfeiture—Contents. | (1) The notice of intent to forfeit shall contain the following: (a) The name, address, and telephone number of the seller and, if any, the seller's agent or attorney giving the notice; (b) A description of the contract, including the names of the original parties to the contract, the date of the contract, and the reco... |
61.30.080 | Failure to give required notices. | (1) If the seller fails to give any required notice within the time required by this chapter, the seller may record and give a subsequent notice of intent to forfeit or declaration of forfeiture, as applicable. Any such subsequent notice shall (a) include revised dates and information to the extent necessary to conform... |
61.30.090 | Acceleration of payments—Cure of default. | (1) Even if the contract contains a provision allowing the seller, because of a default in the purchaser's obligations under the contract, to accelerate the due date of some or all payments to be made or other obligations to be performed by the purchaser under the contract, the seller may not require payment of the acc... |
61.30.100 | Effect of forfeiture. | (1) The recorded and sworn declaration of forfeiture shall be prima facie evidence of the extent of the forfeiture and compliance with this chapter and, except as otherwise provided in RCW 61.30.040 (1) and (2), conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. (2) Except as othe... |
61.30.110 | Forfeiture may be restrained or enjoined. | (1) The forfeiture may be restrained or enjoined or the time for cure may be extended by court order only as provided in this section. A certified copy of any restraining order or injunction may be recorded in each county in which any part of the property is located. (2) Any person entitled to cure the default may brin... |
61.30.120 | Sale of property in lieu of forfeiture. | (1) Except for a sale ordered incident to foreclosure of the contract as a mortgage, a public sale of the property in lieu of the forfeiture may be ordered by the court only as provided in this section. Any person entitled to cure the default may bring or join in an action seeking an order of public sale in lieu of for... |
61.30.130 | Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue. | (1) If an order restraining or enjoining the forfeiture or an order of sale under RCW 61.30.120 expires or is dissolved or vacated at least ten days before expiration of the time for cure, the seller may proceed with the forfeiture under this chapter if the default is not cured at the end of the time for cure. If any s... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.