Foreclosure Timeline By State

Foreclosure Process Washington State Timeline:

To better understand the process, below is a foreclosure timeline of what to expect starting with a missed payment.

You have the right to request a meet and confer. At this meeting, you can discuss your options and possibly come to a resolution.

DO NOT WAIT! Call a housing counselor at 1-877-894-HOME or contact an attorney and they will help you with the next steps.

Could lead to an agreement that would stop the foreclosure. During this meeting be sure to keep detailed notes and get any agreements in writing. Some ways to avoid foreclosure are agreeing to: Reinstatement, short refinance, and special forbearance.

Is Foreclosure A Lengthy Process

Foreclosure is the legal process mortgage lenders use to take ownership of a house if the borrower doesnât make the mortgage payments. How long foreclosure takes depends on many factors, but mostly on your stateâs laws. Each state has different rules that affect the timeline, such as:

• Whether the lender must file a lawsuit and get a court order to foreclose

• How much notice a homeowner gets before the sale

• What opportunities a homeowner has to dispute the foreclosure and

• Whether the lender and homeowner must try mediation before the sale.

Depending on your state and your lender, the amount of time between your first missed mortgage payment and a foreclosure sale could be as short as a few months or as long as several years.

There are also federal laws that apply to foreclosures in all states. For example, the Real Estate Settlement Procedures Act says that your lender canât begin state foreclosure proceedings until your payments are more than 120 days past due.

What Homeowners Need To Know About The Foreclosure Process In Washington State

To determine if your lender can move forward with a non-judicial sale, you should refer to your mortgage agreement or deed. If you have agreed to a power of sale when buying your home, this allows your bank to use a third party in foreclosure.

A power of sale is where the borrower agreed to giving the power to the lender to sell the property without a court order. The mortgage agreement may also include a time, place, and terms in this clause as well, which will be followed. If they do not dictate this, the process will follow the legal timeline.

Even in a non-judicial foreclosure, the bank is required to send letters to notify the homeowner of pre-foreclosure. This is the best time to bring a professional in for help. The process moves quickly, and you will need a representative to request a mediator on your behalf. By requesting all allowable meetings, you have more time to come up with a resolution with your bank and manage your finances.

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Other Factors To Consider

Federal law requires lenders to stop the foreclosure process while there is a pending loan modification. This can significantly increase the overall timeline. Some states require lenders and homeowners to participate in mediation before proceeding with foreclosure. This can also affect the timeline.

Recently, temporary moratoriums and other emergency relief measures have also affected foreclosure times. The Coronavirus Aid, Relief, and Economic Security Act allowed homeowners to use mortgage forbearances if they were experiencing hardship due to COVID-19. Many states enacted emergency moratoriums at the start of the pandemic that prevented mortgage lenders from foreclosing. Most of those measures have ended in most states, except for Oregon and New York .

Some states also have a redemption period after the foreclosure sale, which can alter the foreclosure timeline. A redemption period is a set amount of time after the sale when you can take back ownership of your house by paying either the sale price or your mortgage balance . State redemption periods range from 30 days to a year or longer.

If youâre facing foreclosure and arenât familiar with the rules in your state, itâs a good idea to speak to a foreclosure attorney in your area.

Whether A Deficiency Judgment Is Allowed

When a house is sold at a foreclosure sale for less than the amount of the outstanding mortgage debt, the difference between the total debt and the foreclosure sale price is called the “deficiency.” For example, let’s say you owe $300,000 on your mortgage loan, and the home is sold at a foreclosure sale for $250,000. The deficiency is $50,000. Some states let the foreclosing party get a personal judgmentcalled a “deficiency judgment“against the borrower for this amount, while other states prohibit deficiency judgments under particular circumstances.

In the chart below, this column states whether a deficiency judgment is allowed in the most commonly-used foreclosure procedure for that particular state.

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What Is A Foreclosure

Most people buy a home by borrowing part of the purchase price usually from a bank or a mortgage company. Other times, a homeowner borrows money against the equity in the property after the home is purchased, and this is called a home equity loan. Sometimes people refinance their mortgage loan and combine it with a home equity loan. In all these situations, the lender usually has a lien against the home to secure repayment of the loan. When a buyer fails to make the payments due on the loan the lender can foreclose, which means that the lender can force a sale of the home to pay for the outstanding loan.

For more information about foreclosure laws:

The law on foreclosure is changing often. Make sure you read the most updated laws.

What Are Washington States Foreclosure Laws

As mentioned, the foreclosure process in Washington allows for non-judicial foreclosures. WA is one of a few dozen states that have non-judicial foreclosures, and this means having a professionals guidance is crucial. The sooner in the foreclosure process you reach out, the higher the chance you will be able to reach a resolution with your bank and keep your home.

Many of WA states foreclosures are non-judicial. A non-judicial foreclosure simply means that a lender can foreclose on a property out of court. In this situation, the lender goes through a trustee.

With that said, there are laws that protect homeowners. For example, the Foreclosure Fairness Act protects Washington state homeowners in these situations.

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How To Stop Foreclosure In California

There are really only two ways to stop a foreclosure: make a big enough payment to bring the loan current or file bankruptcy.

If you can get the cash together to make up for back payments, interest, and other expenses and fees, you can pull your home out of the foreclosure process. You can also stop the foreclosure by filing bankruptcy. Bankruptcy includes a powerful legal tool called the automatic stay. The automatic stay stops any collection actions against you, including repossession, collection lawsuits, and foreclosures. The banks wont be able to touch your home while you go through the bankruptcy process.

Depending on the type of bankruptcy you choose to file, you may be able to catch up your mortgage through your bankruptcy plan payments. Remember that you can step in at any point along the California foreclosure timeline to stop the process, right up until the auction itself. Its not too late to save your home.

If youre struggling with mortgage or other debt, contact us today to speak to one of our experienced California bankruptcy attorneys. Well go over your case for free and explain your legal rights and options for protecting your home.

Erik Clark

Day 120 Notice Of Default

When your home loan is officially in default, the bank must file a Notice of Default with the court. They have to let you know theyve filed it within 10 days. Its an official legal document informing you that you are in a state of default on your loan. It will include information about your options for getting out of default. For example, you can pay all the back payments, along with interest and fees, to get out of default. Youll also need to keep up your insurance and property taxes.

Due to federal mortgage servicing laws, defined by the Consumer Finance Protection Bureau, your servicer must wait 120 days before making a first official notice, or before they file a judicial or nonjudicial foreclosure .

If you dont have the cash to pay all that at once, the home will continue to be in default.

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Getting Help With Legal Research

Foreclosure statutes can be difficult to read. Especially in Eastern states, foreclosure statutes come from English law adopted in the 18th century. The language is very different from modern English and can be hard to understand.

Also, statutes often aren’t organized very well. One relevant statute might be found in one section of the statutes, while a closely related one will appear elsewhere. For example, some foreclosure laws can be found in sections dealing with court procedure, while other foreclosure laws are in sections dealing with real estate. You might have to look in several different parts of your state’s statutes to find all of the laws related to foreclosure.

If you need help finding or interpreting the foreclosure laws for your state, talk to a foreclosure attorney. An attorney can also advise you about any potential defenses you might have to a foreclosure and tell you about various foreclosure avoidance options that could be available to you.

A HUD-approved housing counselor is another good resource for information about different alternatives to foreclosure.

Top 10 States With Longest Foreclosure Timeline

by ATTOM Team| Dec 6, 2019 | #figuresfriday, Foreclosures, Most Recent Articles

According to ATTOM Data Solutions most recent quarterly U.S. Foreclosure Market Report, there were a total of 143,105 U.S. properties with foreclosure filings in the third quarter of 2019. That number was down 6 percent from the previous quarter and down 19 percent from a year ago to the lowest level since Q2 2005 a more than 13-year low.

ATTOMs Q3 2019 foreclosure report noted that U.S. foreclosure activity in Q3 2019 was 49 percent below the pre-recession average of 278,912 properties with foreclosure filings per quarter between Q1 2006 and Q3 2007. The third quarter of 2019 was the 12th consecutive quarter where U.S. foreclosure activity had registered below the pre-recession average.

According to the report, foreclosure starts were down nationwide in the third quarter of 2019, but up in 30 percent of local markets, while nationwide bank repossessions saw a slight uptick from the previous quarter. The report went on to note that the average time to foreclose saw an uptick in Q3 2019 as properties foreclosed during the quarter had been in the foreclosure process an average of 841 days, up from 716 days in the previous quarter and up from 713 days in Q3 2018 to the highest level since Q4 2017.

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Whether You Get The Right To Reinstate Before The Foreclosure Sale

A “reinstatement” occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments, plus fees and expenses incurred due to the default. Once the loan is reinstated, the borrower resumes making regular payments on the debt. In a foreclosure, state law sometimes gives a borrower the right to reinstate up until a specific deadline. You should be aware that, even if state law doesn’t give you the right to reinstate, your mortgage or deed of trust might. Or your lender might agree to let you reinstate the loan.

In the chart below, this column indicates whether state law provides a reinstatement right during the most commonly-used foreclosure procedure for that particular state.

Initiation Of Judicial Foreclosure

After the servicer refers the file to an attorney for foreclosure, the attorney will prepare a “complaint” or “petition” for foreclosure and file it with the court, usually in the county where the property is located. The lawsuit will ask the court for a judgment authorizing a foreclosure sale. The sheriff or a process server will serve you with a summons and a copy of the complaint for foreclosure.

Once served, you will have a specific amount of time, typically 20 to 30 days, to file an answer with the court. You can choose to file an answer, but you don’t have to do so. If you don’t respond to the complaint, the lender will be granted a default judgment, meaning you automatically lose the case, and the lender will be allowed to proceed with a foreclosure sale.

But if you file an answer, you can raise procedural and substantive defenses. The foreclosure might be halted or significantly delayed if you have a strong defense. If you file an answer but are in default and don’t have a legal defense, the lender will still get a judgment, and the court will allow it to proceed with a foreclosure sale.

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Phase : Missed Payment #3

• In certain states, this is known by the legal term lis pendens. 90-days since the first missing receipt of payment, the lender usually sends a formal notice of default to the homeowner. At this point, the lender will provide the total amount due to bring the mortgage back to current status and demand payment be paid in full within the next 30-days. The home is now entering the most critical part of the foreclosure process.

Day 180 Notice Of Trustee Sale

After youve received a Notice of Default, you have 3 months in which to attempt to get your loan current. As mentioned above, that means paying all back payments, interest, fees, property taxes, and insurance. After 3 months, the bank can officially set a date for the auction of your home. You will be notified that this has happened through a Notice of Trustee Sale that is typically sent to you via certified mail.

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Homeowner Protection Laws Delay Foreclosures

Another reason that some states have long timelines is due to federal and state foreclosure prevention efforts.

• Foreclosure relief programs. Foreclosure relief programs, like the states’ Homeowner Assistance Fund programs and COVID-relief options, have extended foreclosure timelines for many owner-occupied homes.
• Foreclosure laws.California, Colorado, Minnesota, and Nevada, for instance, have all passed laws to increase homeowner protections, which can slow down the process. Foreclosures can take a long time because lenders and servicers must comply with the requirements under these laws.
• Mediation laws. Some states, cities, and municipalities have passed foreclosure mediation laws that can delay the foreclosure process.
• Changes to mortgage servicing laws.Federal laws that went into effect in 2014 added federal protections for homeowners in foreclosure. For example, a mortgage servicer generally can’t officially begin the process until the borrower is more than 120 days overdue on payments.

To learn about your options if you are facing foreclosure, get Nolo’s The Foreclosure Survival Guide.

California Foreclosure Process: Day 200 Auction

After youve received a Notice of Trustee Sale, the bank can set a date for the auction. It has to wait at least 20 days after the Notice of Trustee Sale is sent to you. The sale may be postponed by a court or by the bank for up to a year, after which point theyll need to send you a new Notice of Trustee Sale in order to send the house to auction. At the auction, your home will be sold to the highest bidder.

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What Is The Foreclosure Timeline In Washington State

One of the most common questions home owners facing foreclosure want to know is how much time do I have to seek options to avoid foreclosure, what is the foreclosure timeline and what are my options?

Unfortunately it seems that most homeowners facing foreclosure in Washington State wait until it is too late or do not seek out the information they need until the very last minute. If you are reading this article then you are taking the right steps to avoid foreclosure and seek options to retain your home.

The video above was created by Seattle University Law School and and details the foreclosure timeline in an easy to understand manner which I will go into more detail below.

The first step once you have become delinquent on your mortgage payments is to seek help. Foreclosure defense attorneys or bankruptcy attorneys who deal with mortgage issues all the time often offer free consultations as do housing counselors who can further advise you on the foreclosure timeline. The difference between the two obviously is that housing counselors are not lawyers and cant represent you in formal legal proceedings such as bankruptcy. Housing counselors may provide you with options for which you may have to seek an attorneys assistance eventually. Either way you go, you should talk to somebody about your situation so your are well informed.

Filing A Motion To Restrain Sale

Up until five days before the courthouse steps foreclosure auction, the homeowner may file a motion with the court to restrain the sale. If you have no legal grounds to restrain the sale this delay tactic will not buy you much time, but if there is a valid legal argument , the court may approve a restraint of the sale.

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Foreclosure Laws And Procedures By State

The foreclosure process varies somewhat from state to state, and depends primarily on whether the state uses mortgages or deeds of trust for the purchase of real property. Generally, states that use mortgages conduct judicial foreclosures states that use deeds of trust conduct non-judicial foreclosures. The principal difference between the two is that the judicial procedure requires court action on a foreclosed home.

The below table represents our current knowledge of which states use mortgages or deeds of trust or both. The table also includes estimated foreclosure timelines for each state. Please check with your local county government to verify this information. Inform us of any errors at

Compare all state foreclosure timelines on this simple one-page chart and click on any state name to read about detailed foreclosure procedures for that state.