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RIGHTS UNDER FFA: THE BASICS

What? When?

Meet & Confer Meet & Confer
• Right to meet with beneficiary to discuss After Loan Default and before service of Notice
alternatives to foreclosure. of Default, homeowner must receive Notice of
Pre-Foreclosure Options (NOPFO), which
Mediation includes the right to “meet & confer” with a
• Right to meet with beneficiary in presence of a beneficiary representative.
neutral third party (mediator) who facilitates
the negotiation of an agreement if possible. Mediation
• After Service of Notice of Default and up to 20
Consumer Protection Act (CPA) Litigation days past recording of Notice of Trustee’s sale,
• Right to file a lawsuit to enjoin (stop) sale if homeowner may request mediation.
beneficiary violates FFA (lack of good faith) or
fails to offer a modification if homeowner Consumer Protection Act (CPA) Litigation
passes Net Present Value test (NPV), according • A beneficiary’s violation of NOPFO rights may
to the mediator’s certification. Consult with a give rise to a Consumer Protection Act lawsuit.
licensed attorney to see if you can meet all the
elements of a successful claim.

How?

Meet & Confer
• Respond to NOPFO within 30 days of receipt
and set up “meet & confer”
meeting. Requesting meeting will add 60 days
to pre-Notice of Default period.

Mediation
Consult with housing counselor or Washington
licensed attorney for referral to
mediation. Pay mediation fee ($300) to
mediator and submit timely loan modification
application to mediator and beneficiary.

Consumer Protection Act (CPA) Litigation
• File complaint and motion to enjoin with at
least 5 days’ notice to trustee. Consult with a
licensed attorney to see if you meet all the
elements of a successful claim. Note right to
enjoin outside of FFA, too (RCW 61.24.130).

January 2020 | Page 40