Foreclosure Rights in Washington

Your foreclosure rights apply when:

• You have fallen behind on mortgage payments and your lender or servicer contacts you about default
• You receive a notice of default, notice of intent to foreclose, or a lis pendens (lawsuit filing)
• You are a tenant renting a home that is being foreclosed on (you have separate protections)

Judicial vs. non-judicial foreclosure:

• Judicial (about 22 states): The lender must file a lawsuit and get a court order before selling your home. You receive a summons and have the right to respond, raise defenses, and appear at hearings. Timeline: typically 6-18 months. States include New York, New Jersey, Illinois, Florida, Ohio.
• Non-judicial (about 28 states + D.C.): The lender follows a statutory process (usually involving notices and a waiting period) without court involvement. Faster timeline: typically 3-6 months. States include California, Texas, Georgia, Arizona, Washington. You can still challenge the foreclosure in court, but you must file the lawsuit yourself.

Key federal protections:

• 120-day rule: Your servicer cannot begin foreclosure until you are more than 120 days delinquent (12 C.F.R. § 1024.41(f)).
• Loss mitigation: If you submit a complete loss mitigation application more than 37 days before a scheduled sale, the servicer must evaluate you before proceeding.
• Dual tracking ban: The servicer cannot continue foreclosure while actively reviewing your loss mitigation application.

Common misconceptions:

• "Once I miss payments, I lose my home" — Foreclosure takes months or years. You have multiple opportunities to catch up, modify your loan, or sell the home.
• "I can't do anything once the process starts" — You can apply for loss mitigation, reinstate your loan, or negotiate a short sale at many stages of the process.
• "My landlord's foreclosure isn't my problem" — If you are renting a home that is foreclosed, the Protecting Tenants at Foreclosure Act gives you at least 90 days' notice before you must vacate.