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payment of the entire debt in full.)

(9) Second Publication. The second publication of the Notice of Trustee’s Sale must be published on or
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between the 14 and 7 day before the date of sale. RCW 61.24.040(3).

(10) Deadline for Motion to Restrain Sale. RCW 61.24.130(2) provides that no court may grant a restraining
order or injunction of the sale unless the person seeking the restraint gives 5 days’ notice of the legal action to
the foreclosure trustee. RCW 61.24.130(2). Injunctions or restraining orders are orders from a court that
restrain someone from beginning or continuing an action threatening or invading the legal right of another.
Also, if the homeowner files a bankruptcy petition at any time prior to the sale, the sale is automatically put on
hold pursuant to 11 U.S.C. § 362.

(11) Foreclosure Sale also known as Trustee’s Sale. The sale must occur on a Friday. If Friday is a legal
holiday, it may occur on the following Monday. RCW 61.24.040(5).

(12) Repossession of the Property from Former Owner. The purchaser at the Trustee’s Sale is entitled to take
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possession of the property on the 20 day after the sale, RCW 61.24.060, and may commence an unlawful
detainer action (eviction) if the previous owner is still in the home. The previous owner may not be locked out
or forced to leave without a court order. Unless the previous owner has a written agreement in place regarding
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the date to vacate the property, it is important for the previous owner to vacate prior to the 20 day after the
sale. An eviction filing is public record and will stay on someone’s background history and may make renting
difficult for the individual in the future.

(13) Repossession of Property from Tenant. Under Washington State law, RCW 61.24.143, requires the new
owner of the property to send the tenant a written 60-day notice to the tenants after the foreclosure sale. The
60-day eviction notice notifies the tenant of the date by which he or she must vacate the premises. The new
owner may initiate an unlawful detainer action (eviction) if the tenant does not vacate the property at the end
of the notice period. RCW 59.12. The state law does not have a date that this rule will end. For more
information, see the Tenants’ Rights section (p. 70).

(14) Continuance of Sale. At any time prior to the foreclosure sale, the sale can be continued by the trustee
for up to 120 days after the original sale date. RCW 61.24.040(6).

What Happens If . . ..

What happens if I do not make my payment on the due date of the loan?

The loan servicer expects to receive your payment by the due date. If the servicer has not received your
payment by that date, your loan is delinquent. Most loans have a Grace Period, which is the length of time
between the due date and the date when late fees begin to accrue. The promissory note contains the due date
and any information about a grace period. The servicer may send a Notice of Pre-Foreclosure Options letter
after the missed payment.

January 2020 | Page 11