Your Bellevue home is where you escape the everyday grind, make memories with your family, and feel safe. So, when you receive a notice of foreclosure, it can feel like you are losing a part of your heart. Fortunately, you've come to the right place.
Our Bellevue foreclosure attorneys know how devastating the thought of losing your Bellevue home can be. We've been helping your neighbors across Washington State keep theirs for over 30 years now. With our knowledge of the laws and how to use them to protect your rights, we'll fight to help you keep your home and find a path forward to a more stable financial future.
Get started now by calling our King County law offices and scheduling your free consultation with our Bellevue attorneys, who specialize in foreclosure.
What Does Washington Law Say About Home Foreclosure?In Washington State, most home foreclosures go through a nonjudicial foreclosure process, which means your lender doesn't have to take you to court to seize your home. Instead, they follow a strict legal process that begins with a Notice of Default and ends with a trustee sale if the loan isn't brought current. You typically have at least 120 days from the date you're served a notice before your home can be sold. During this time, you have legal rights to seek help, request mediation, or reinstate your loan.
Washington law provides specific homeowner protections under the Deeds of Trust Act (RCW 61.24). For example, RCW 61.24.030(8) requires that the trustee must notify the borrower of the right to request foreclosure mediation. Further, under RCW 61.24.040(1)(f)(ix), you have the right to receive a detailed notice at least 90 days before your foreclosure sale date. According to RCW 61.24.163:
"The trustee shall cause a copy of the notice of trustee's sale to be transmitted by both first-class and certified mail... no less than ninety days before the sale."
"The borrower may request a mediation session with the beneficiary or authorized agent... through the department [of commerce] within twenty days after service of the notice of default."
These protections exist to give Bellevue homeowners a chance to seek assistance, negotiate alternatives like loan modification, or explore legal options like bankruptcy.
What Do I Do If I Receive A Notice Of Foreclosure On My Bellevue, WA Home?If you've received a foreclosure notice in Bellevue, don't wait. The sooner you act, the more options you have. Here's what you need to do:
Foreclosure is a serious concern, but it's not the end of the road. Our attorneys live and work right here in Bellevue. We've helped homeowners from Bridle Trails, West Bellevue, Newport Hills, Crossroads, Wilburton, Lake Hills, and Factoria, as well as near Downtown Park, Bellevue Square, Overlake Medical Center, and Bellevue High School. With our knowledge of the King County court system and the local housing market inside and out, we will protect your rights and your home.
Can I Legally Stop A Foreclosure In King County?In some cases, you can stop a foreclosure legally, and your attorney will advise you on how. We will consider:
The sooner you contact our Bellevue-based foreclosure attorneys, the sooner we can get to work saving your home.
Frequently Asked Questions About Home Foreclosure In Bellevue, WAA: In a nonjudicial foreclosure under RCW 61.24, your lender must wait at least 120 days from the date you fall behind before they can issue a Notice of Default. This notice kicks off the formal foreclosure timeline, which can lead to an auction in as little as 90 days.
A: No. Most residential foreclosures in Washington State follow the nonjudicial process allowed under RCW 61.24, which doesn't involve court unless you challenge it or file for bankruptcy. Judicial foreclosures under RCW 61.12 are legal but uncommon for primary homes.
A: Yes. As long as the auction hasn't happened, you can pursue a traditional sale or short sale, especially if the lender agrees to accept less than the full payoff. While RCW 61.24.040(1)(f) protects these sales, you must time them carefully to avoid legal complications.
A: Absolutely. If there are errors in the payment application, notice timing, or violations of the Foreclosure Fairness Act (RCW 61.24.163–179), like failing to offer mediation, we can take legal action to halt the sale and potentially file for injunctive relief in superior court.
A: Once the foreclosure trustee completes the sale under RCW 61.24.050, the winning bidder receives the Trustee's Deed and ownership transfers immediately. From there, they can begin eviction proceedings under RCW 59.12 with as little as 20 days' notice.
A: A completed foreclosure typically lowers your FICO score by 100 to 160 points and remains on your credit report for seven years under federal credit reporting laws. Avoiding a sale through bankruptcy, modification, or settlement can help limit the damage.
A: Yes. Even if you're current on your first mortgage, a delinquent second lienholder can initiate a nonjudicial foreclosure under RCW 61.24. While less common, it happens when there's enough equity to make the second lender whole.
A: Not without consequences. Washington is a recourse state under RCW 61.12.070, which means your lender may sue for the deficiency if they pursue judicial foreclosure. Even in nonjudicial cases, walking away can seriously harm your credit and limit your future home-buying ability.
Your house is more than just property. It's your home, and you don't have to lose it. Call our knowledgeable Bellevue foreclosure attorneys today for a free consultation and real solutions.
When someone is loaded down with debt, needless to say, it makes it very hard to keep up with a mortgage. Trying to balance all the bills along with unexpected drops in income or unforeseen expenses can cause anyone to fall behind on a mortgage. Once the mortgage is chronically late, the charges can just keep piling up and suddenly you can find yourself months behind. A garnishment really plays havoc on the cash flow as well.
Bankruptcy will stop the foreclosure process immediately. The bankruptcy laws provide for priority of debt where the mortgage can be a first priority and other debts like credit cards, pay day loans and medical bills can just be wiped out.
Foreclosure takes months to complete. Foreclosures start when the bank sends a notice of default. Washington law requires banks to compete a couple other important steps before the notice of default is sent out. These steps include offering a meeting with the homeowner and offering a chance at mediation. The mediation request has to come from a certified housing advisor or an attorney. It is important to take advantage of these Washington laws if you want to delay the foreclosure. The final step in the foreclosure is an auction when the home is sold to the highest bidder. The auction can’t take place until four months after the notice of default is sent. A bankruptcy will stop the entire foreclosure process up to the time the home is sold.
Either a Chapter 7 or Chapter 13 will stop the foreclosure, though a Chapter 7 does not offer a long term solution to the foreclosure. A bank can get the bankruptcy court’s permission to continue with the foreclosure sale if the loan remains in default. Sometimes the filing of a Chapter 7 will help with the modification process, though. Sometimes the trustee in a Chapter 7 will take an interest in the house and try to arrange for a short sale to pay other debt as a part of the process. This could slow the foreclosure down as well. A Chapter 7 could help with cash flow to allow a home owner to get caught up on their own as well.
A Chapter 13 plan allows a homeowner to get caught up on mortgage payments over five years. Of course, the debtor must be able to pay the current mortgage payments with an additional payment to get caught up over five years. The Chapter 13 plan consolidates other debt, such as car loans, and can pay as little as 0% on some debt. Chapter 13 cases also allow debtors to remove second mortgages from the title of a home entirely if the value of the home is less than the balance on the first mortgage.
Generally, bankruptcy will stop a foreclosure immediately and offer some time for a homeowner to save his home. A Chapter 13 offers a long term solution but a Chapter 7 will at least stop the process for a while.