What are the foreclosure statutes in my state?
In Washington State, the foreclosure laws are contained in the Washington Deed of Trust Act (RCW 61.24). This act outlines several requirements that lenders must abide by when foreclosing on a property. Foreclosure can take place through a judicial or a non-judicial process. In a judicial foreclosure, the lender will file a lawsuit against the borrower. The court must then determine the type of foreclosure that can take place. Once the court has made its decision, the lender must advertise the sale of the property for at least five weeks in a local newspaper. The court will then set the date for the foreclosure sale. In a non-judicial foreclosure, the lender must first send a Notice of Default to the borrower. The borrower must be given at least 90 days to respond. If the borrower fails to respond, then the lender can proceed with the foreclosure sale. The sale must be advertised in a local newspaper. The sale must also be open to the public. Both types of foreclosure must comply with the requirements in the Deed of Trust Act. These requirements include providing the borrower with a Notice of Sale and a right to reinstate the loan before the sale. Additionally, the sale must not take place sooner than 30 days after the Notice of Sale is recorded with the county recorder. If you are facing foreclosure in Washington, it is important that you understand your rights. There are various options available to you, such as reinstating your loan or requesting a loan modification. It is also important to consult with a foreclosure attorney who can provide more specific advice about your situation.
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