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• If you do request a meeting, make sure to request the meeting in writing and send the request via
certified mail within 30 days of the date of the NOPFO so that you have proof of making your request.
A servicer is required to meet with you in person in the county where your home is located if you
request the meeting in writing within the 30-day time frame.
• If you do not request a meeting, the servicer must wait 30 days from the issuance of the NOPFO before
it can continue on to the next step of the foreclosure process and send you a notice of default.
• If you request a meeting, the servicer must wait 90 days from the date of the NOPFO before it can send
you a notice of default.
• While the statute requires the beneficiary to meet with the homeowner, most often, the servicer will
likely be the one to appear at the “meet and confer.” It is important to send your request for the
“meet and confer” to the servicer of your loan.

(4) Notice of Default. A Notice of Default must be given at least 30 days before the Notice of Trustee’s Sale
can be recorded or served. RCW 61.24.030(8).
• Many homeowners may receive two different documents titled “Notice of Default.” It is important to
distinguish between a Notice of Default sent directly from a servicer of the loan and a Notice of Default
sent by a trustee that triggers a homeowner’s right to foreclosure mediation.

(5) Mediation. Any time after the homeowner has received the Notice of Default, and no later than 20 days
after the Notice of Trustee’s Sale has been recorded, the homeowner can ask a housing counselor or attorney
to request foreclosure mediation. Mediation provides a neutral setting where both the homeowner and the
beneficiary (or the beneficiary’s authorized agent) are obligated to act in good faith, exchange paperwork, and
discuss alternatives to foreclosure. A homeowner cannot independently request mediation and MUST be
referred to mediation by an attorney or a housing counselor. RCW 61.24.163(1). For more information, see the
Mediation section below at p 35.
• If mediation is not requested, the servicer must wait 30 days from the trustee’s issuance of the Notice
of Default before it can request the trustee to publish the Notice of Trustee’s Sale.
• If mediation is requested, the servicer may not direct the trustee to publish the Notice of Trustee’s
Sale until after mediation has taken place.
• Some beneficiaries are exempt from mediation and are listed on Washington Department of
Commerce’s exempt beneficiaries’ website.

(6) Recording of the Notice of Trustee’s Sale. At least 120 days before the foreclosure sale, the trustee (not
the beneficiary or servicer of the loan) must record, mail, and serve or post the Notice of Trustee’s Sale. RCW
61.24.040(1). (This is the first notice related to the foreclosure that is a public record.) The trustee must
provide the borrower and the grantor with a Notice of Sale. The grantor must also be provided a Notice of
Foreclosure. RCW 61.24.040. The trustee doing the foreclosure is often a successor trustee, which means that
there should be an “Appointment of Successor Trustee” recorded with the Recorder’s Office prior to the
foreclosure process commencing designating the trustee of the deed of trust.

(7) First Publication. The Notice of Trustee’s Sale must be published twice in a legal newspaper in the county
in which the property is located. This does not necessarily mean the newspaper that you read, as some legal
newspapers are owned by foreclosure companies and have very limited circulation. The first publication must
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be on or between the 35 and 28 day before the date of the auction. RCW 61.24.040(3).

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(8) Opportunity to Cure Default. On any day prior to the 11 day before the sale, the borrower may cure the
default (i.e. by making up missed payments) and make the trustee and beneficiary cancel the foreclosure
auction. RCW 61.24.090(1). (Within 11 days before the sale date, the beneficiary has the right to demand

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