Foreclosure is the legal process effected through the court system in which a mortgagee (lender—often a bank) terminates a mortgagor’s (borrower’s) interest in the real property in which the mortgagor gave the mortgagee a security interest (a lien) as collateral for the loan used to purchase the property.
Foreclosure generally occurs when a homeowner defaults and fails to make mortgage payments as required by the loan agreement (promissory note).
Foreclosure allows the lender to seize the property, remove the homeowner, and sell the home—all of which are legal remedies the mortgagor and mortgagee agreed to in the mortgage contract.
In Washington State, foreclosure is a legal process that allows a lender to terminate a borrower's interest in a property due to the borrower's failure to make the required mortgage payments. This process is conducted through the court system, known as judicial foreclosure, or outside the court system, known as non-judicial foreclosure, depending on the circumstances. Washington primarily uses the non-judicial foreclosure process, which is governed by the Deed of Trust Act. The process begins with the borrower receiving a notice of default and an opportunity to cure the default. If the default is not cured, the lender may issue a notice of trustee's sale, and the property can be sold at a public auction. Borrowers in Washington have the right to reinstate the loan up to 11 days before the trustee's sale. Additionally, Washington has a 'foreclosure fairness act' that provides certain protections to homeowners, such as the right to request mediation with the lender before foreclosure can proceed. It's important for homeowners facing foreclosure to seek advice from an attorney to understand their rights and options under Washington law.