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RIGHTS UNDER FFA: MEET & CONFER

Meet and Confer Mediation

What? What?
• After Loan Default and before service of Notice • Right to meet with beneficiary in presence of
of Default, homeowner must receive Notice of neutral third party (mediator) who helps parties
Pre-Foreclosure Options (NOPFO), including the negotiate an agreement if possible.
right to “meet & confer.”
When?
When? • After Service of Notice of Default and up to 20
• After receiving the NOPFO if you request a days past recording of Notice of Trustee’s sale.
meeting within 30 days.
How?
How? • Consult with housing counselor or Washington
• A beneficiary’s violation of NOPFO rights may licensed attorney for referral to mediation. Pay
give rise to a lawsuit for violation of the mediation fee and submit required documents
Consumer Protection Act. to mediator and beneficiary.

Consumer Protection Act (CPA) Violation

What?
• Right to file a lawsuit to enjoin (stop) sale if
beneficiary violates FFA (lack of good faith) or
fails to offer a modification if homeowner
passes Net Present Value test (NPV), according
to the mediator’s certification.

When?
After beneficiary violates NOPFO rights or
after not-in-good-faith mediation certification.

How?
• Consult with a licensed attorney to determine
if you can meet all the elements of a
successful CPA claim. File complaint in court
and motion to enjoin with at least 5 days’
notice to trustee. Note right to enjoin outside
of FFA, too (RCW 61.24.130).

January 2020 | Page 41