Free Help and the Deadlines That Matter

Most home foreclosures in Washington State happen outside court, under a deed of trust, on a timeline set by state law.

First, the lender must send a letter and make at least three phone calls to discuss options. If the homeowner asks, the lender must meet, by phone or in person, before going further. The lender cannot issue a Notice of Default until 30 days after those contact attempts if there is no response, or 90 days after first contact if the homeowner responds.

Next comes the Notice of Default, and then the Notice of Trustee's Sale, which must be given at least 90 days before the sale (120 days when the lender's letter was required).

The homeowner can still catch up on the missed amount and stop the sale until the eleventh day before the sale date.

Mediation brings the homeowner and the lender together with a neutral mediator to look for a way to keep the home or end things on better terms.

Homeowners cannot sign up themselves: a housing counselor or an attorney makes the referral, usually after a Notice of Default. The referral must reach the state no later than 90 days before the sale date on the Notice of Trustee's Sale (25 days if an amended notice is recorded). Some lenders are exempt, and the mediation fee is usually split between the two sides.

This deadline is the main reason to call a counselor as soon as a payment is missed, not when the sale notice arrives.

Low- and moderate-income homeowners can call Washington State's civil legal aid line at 1-800-606-4819. An attorney can also refer a homeowner to mediation.

Recent mortgage statements, every letter or notice from the lender or trustee, proof of income (Social Security, pension, other), a list of monthly bills, and the property tax and insurance bills. For a reverse mortgage, also the servicer's letters.