Receiving a Notice of Default or Notice of Trustee Sale in Washington State can feel like the ground has been pulled out from under you. Your heart sinks. Your mind races. You wonder, “Is it already too late to save my home?” Take a deep breath, because you still have options. But make no mistake: time is not on your side. Washington’s foreclosure process moves fast, and if you don’t act quickly, your home could be sold in a matter of weeks.
At Symmes Law Group, we’ve guided Washington homeowners through foreclosure defense, bankruptcy filings, and loan modifications. If you’ve received one of these notices, here’s what you need to know, and what to do next.
What Do These Notices Actually Mean?
Let’s break it down. If you’ve fallen behind on your mortgage payments, your lender can begin the foreclosure process. Washington follows a non-judicial foreclosure process, meaning your lender doesn’t need to go to court to take your home. Instead, they follow a series of required notices and deadlines.
The Notice of Default is your lender’s formal warning that you’re behind. You’ll usually receive this after missing several payments, and it gives you a short window, typically 30 days to bring your account current.
If that deadline passes without resolution, the lender may issue a Notice of Trustee Sale. This is the big one. It sets a date for the foreclosure sale of your property and that date can be just 120 days away.
At that point, the clock is ticking. If you take no action, your home may be sold at a public auction to the highest bidder. After that, eviction proceedings can follow. It’s stressful, yes, but also preventable.
Step One: Don’t Wait. Take Action Now.
The most important thing to understand is that these notices don’t mean you’ve already lost your home. But every day you wait, your options become fewer. Some legal remedies, like foreclosure mediation under Washington’s Foreclosure Fairness Act, come with strict deadlines. Others, like filing for bankruptcy, require preparation and documentation.
That’s why your first move should be to speak with a foreclosure defense attorney. Every homeowner’s financial picture is unique, and a legal expert can help you assess your situation and recommend the best course of action – whether that’s saving your home or exiting with minimal damage.
You Still Have Options (But Only If You Act Quickly)
Here are the most common ways Washington homeowners can stop or delay a foreclosure:
1. File for Chapter 13 Bankruptcy
One of the most effective ways to stop foreclosure is by filing for Chapter 13 bankruptcy. The moment your attorney files your case, the automatic stay kicks in, legally stopping all foreclosure proceedings, collection calls, and even wage garnishments.
Chapter 13 allows you to restructure your debts and catch up on mortgage arrears over a 3 to 5-year repayment plan, all while keeping your home. This option works best for homeowners with regular income who want to stay in the property long-term.
2. Consider Chapter 7 Bankruptcy
While Chapter 7 bankruptcy won’t help you catch up on mortgage payments, it can delay the foreclosure and discharge other debts like credit cards or medical bills. This breathing room can give you time to explore other solutions or prepare for a move.
Chapter 7 is typically best for homeowners who don’t plan to keep the property, but want to wipe out unsecured debts and avoid a deficiency judgment after the foreclosure sale.
3. Apply for a Loan Modification
If you have steady income but just need better terms, a loan modification could be the right choice. This involves working with your lender to adjust your interest rate, payment schedule, or loan term so you can afford the mortgage going forward.
Loan modifications can be negotiated directly with the lender or pursued during foreclosure fairness mediation (more on that below). The key is to act fast, once a Notice of Trustee Sale is issued, you only have a limited time to apply.
4. Request Foreclosure Mediation
Under the Washington Foreclosure Fairness Act, eligible homeowners can request mediation with their lender to explore alternatives to foreclosure, such as a loan modification or short sale.
But this must be done within 20 days of receiving the Notice of Trustee Sale. Mediation can buy you time and sometimes results in a negotiated resolution that helps you keep your home.
5. Explore a Short Sale or Deed in Lieu
If keeping the home isn’t realistic, you can still avoid the stigma and credit damage of a foreclosure by opting for a short sale (selling for less than you owe, with lender approval) or a deed in lieu of foreclosure (voluntarily transferring the home back to the lender).
These options can help minimize your financial fallout and may even result in relocation assistance. The key is to work with a legal team and short sale attorney that understands how to negotiate favorable terms.
What Happens If You Do Nothing?
Unfortunately, some homeowners wait too long, or do nothing at all. If the foreclosure sale goes forward, your home will be sold at auction. You’ll lose the property and may be subject to eviction proceedings soon after. Even worse, if the sale doesn’t cover your total mortgage balance, you could be held responsible for the difference. That’s called a deficiency, and it can lead to ongoing legal and financial headaches. Your credit score will take a major hit, too, making it harder to rent, buy again, or access affordable credit in the future.
You’re Not Alone, Let Symmes Law Group Help
At Symmes Law Group, we understand the emotional and financial stress that comes with facing foreclosure. You may feel overwhelmed, confused, or even ashamed, but we’re here to remind you: you have legal rights, and you do have options. Whether you want to keep your home through Chapter 13, apply for a loan modification, or exit responsibly through a short sale, we can help you find the best solution for your situation.
Time is everything in foreclosure defense. The sooner you reach out, the more we can do to help. Don’t let fear or confusion keep you from protecting your home and your future. Call us at (206) 682-7975 or schedule your free consultation online.
Let’s talk about what’s possible, before it’s too late!
