§ 61.24.005 Definitions
§ 61.24.008 Borrower referred to mediation — When
§ 61.24.010 Trustee, qualifications — Successor trustee
§ 61.24.020 Deeds subject to all mortgage laws — Foreclosure — Recording and indexing — Trustee and beneficiary, separate entities, exception
§ 61.24.025 Application of federal servicemembers civil relief act to deeds of trust
§ 61.24.026 Notice to senior beneficiary of sale — Residential, owner-occupied — Proceeds of sale insufficient to pay in full obligation — Timeline — Failure of beneficiary to respond
§ 61.24.030 Requisites to trustee’s sale
§ 61.24.031 Notice of default under RCW 61.24.030(8) — Beneficiary’s duties — Borrower’s options
§ 61.24.033 Model language for initial contact letter used by beneficiaries — Rules
§ 61.24.040 Foreclosure and sale — Notice of sale
§ 61.24.042 Notice to guarantor — Contents — Failure to provide
§ 61.24.045 Requests for notice of sale
§ 61.24.048 Foreclosure sale — Notice from homeowner assistance fund program
§ 61.24.050 Interest conveyed by trustee’s deed — Sale is final if acceptance is properly recorded — Redemption precluded after sale — Rescission of trustee’s sale
§ 61.24.060 Rights and remedies of trustee’s sale purchaser — Written notice to occupants or tenants
§ 61.24.070 Trustee’s sale, who may bid at — If beneficiary is purchaser — If purchaser is not beneficiary
§ 61.24.080 Disposition of proceeds of sale — Notices — Surplus funds
§ 61.24.090 Curing defaults before sale — Discontinuance of proceedings — Notice of discontinuance — Execution and acknowledgment — Payments tendered to trustee
§ 61.24.100 Deficiency judgments — Foreclosure — Trustee’s sale — Application of chapter
§ 61.24.110 Reconveyance by trustee
§ 61.24.120 Other foreclosure provisions preserved
§ 61.24.127 Failure to bring civil action to enjoin foreclosure — Not a waiver of claims
§ 61.24.130 Restraint of sale by trustee — Conditions — Notice
§ 61.24.135 Consumer protection act — Unfair or deceptive acts or practices — Penalties — Notice
§ 61.24.140 Assignment of rents — Collecting payment of rent
§ 61.24.143 Foreclosure of tenant-occupied property — Notice of trustee’s sale
§ 61.24.146 Foreclosure of tenant-occupied property — Notice to vacate
§ 61.24.160 Housing counselors — Good faith duty to attempt resolution — Resolution described — Mediation — Liability for civil damages — Annual report
§ 61.24.163 Foreclosure mediation program — Timelines — Procedures — Duties and responsibilities of mediator, borrower, and beneficiary — Fees — Annual report
§ 61.24.165 Application of RCW 61.24.163
§ 61.24.166 Application of RCW 61.24.163 to federally insured depository institutions — Annual application for exemption
§ 61.24.169 Department maintains list of approved foreclosure mediators — Training program — Mediator involvement in civil action
§ 61.24.172 Foreclosure fairness account created — Uses
§ 61.24.177 Deed of trust pool — Duty of servicer to maximize net present value
§ 61.24.180 Trustee as defendant — Declaration of nonmonetary status — Objection
§ 61.24.190 Notices of default — Requirements — Payment — Department not civilly liable if no gross negligence in releasing information — Application
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Terms Used In Washington Code > Chapter 61.24 - Deeds of trust

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC