Washington Foreclosure Authority

Mandatory Mediation & The 2026 HOA Extension (Updated Feb 2026)

The Washington "Fairness Act" Timeline

Process Stage	Timing	Legal Requirement
Notice of Pre-Foreclosure	Day 1	Mandatory "Meet and Confer" offer letter.
Notice of Default (NOD)	Day 30-90	If no conference is requested, the NOD is issued.
Mediation Window	Active Now	Must be referred by an attorney before 90 days pre-sale.
Notice of Trustee Sale	Day 120+	The public auction date is officially recorded.
Right to Reinstate	-11 Days	Final day to pay arrears and stop the sale by right.
The Auction	Friday 10AM	Courthouse steps auction; sale is final (No Redemption).

*Per RCW 61.24. Washington law prohibits "Self-Referral" into mediation. Professional assistance is required.

You Cannot Request Mediation Alone

Under the Washington Foreclosure Fairness Act, you have a legal right to a face-to-face mediation with your lender. However, the law states you must be referred by a housing counselor or a licensed attorney. Our verified providers have the authority to pull your case into mediation, effectively freezing the foreclosure clock.

Washington State FAQ (2026 Updates)

New 2026 HOA Mediation Rights?

As of January 1, 2026 (SB 5686), the Foreclosure Mediation Program now includes condominium and co-op owners facing foreclosure by their homeowners' association. If you are behind on dues, you now have the same "Meet and Confer" and mediation rights previously reserved for bank mortgages.

Is there a deficiency judgment in Washington?

For non-judicial foreclosures on residential property, No. Under RCW 61.24.100, the lender generally waives the right to sue you for the balance of the loan if they choose the out-of-court trustee sale process. This is a critical protection for WA homeowners.

What is the "11-Day Rule"?

You have a statutory right to "cure" your default by paying the past-due amount plus fees at any time up to 11 calendar days before the trustee sale. After this window closes, the lender is no longer legally required to accept anything less than the full balance of the loan to stop the sale.