Washington Foreclosure — Judicial vs. Nonjudicial Process

Lender files a complaint

The lender files a lawsuit in circuit or district court, naming the borrower as defendant.

Borrower is served

You receive a summons and complaint and have a set period (typically 20-30 days) to file an answer.

Discovery and motions

Both sides can present evidence, raise defenses, and file motions. The borrower can challenge the lender's standing, the loan balance, and whether proper procedures were followed.

Judgment and sale

If the court rules for the lender, a judgment of foreclosure is entered and the property is scheduled for sale.

Default and notice

The lender or trustee sends a notice of default and notice of sale as required by statute.

Publication and waiting period

The notice of sale is published and/or mailed. The required waiting period (notice of default may not issue until 30 days after the required due-diligence outreach goes unanswered, or 90 days after initial contact if the borrower responds (§ 61.24.031); the recorded notice of trustee's sale must precede the sale by a statutory minimum period — confirm the current figure with a lawyer days minimum) must pass before the sale.

Sale at auction

The property is sold at public auction. The borrower does not have the same opportunity to raise defenses as in a judicial proceeding, but may be able to file a lawsuit to challenge the sale.