RCW 61.24.026
Notice to senior beneficiary of sale—Residential, owner-occupied—Proceeds of sale insufficient to pay in full obligation—Timeline—Failure of beneficiary to respond.
(1) Whenever (a) consummation of a written agreement for the purchase and sale of owner-occupied residential real property would result in contractual sale proceeds that are insufficient to pay in full the obligation owed to a senior beneficiary of a deed of trust encumbering the residential real property; and (b) the seller makes a written offer to the senior beneficiary to accept the entire net proceeds of the sale in order to facilitate closing of the purchase and sale; then the senior beneficiary must, within one hundred twenty days after the receipt of the written offer, deliver to the seller, in writing, an acceptance, rejection, or counter-offer of the seller's written offer. The senior beneficiary may determine, in its sole discretion, whether to accept, reject, or counter-offer the seller's written offer.
(2) This section applies only when the written offer to the senior beneficiary is received by the senior beneficiary prior to the issuance of a notice of default. The offer must include a copy of the purchase and sale agreement. The offer must be sent to the address of the senior beneficiary or the address of a party acting as a servicer of the obligation secured by the deed of trust.
(3) A seller has a right of action for actual monetary damages incurred as a result of the senior beneficiary's failure to comply with the requirements of subsection (1) of this section.
(4) A senior beneficiary is not liable for the actions or inactions of any other lienholder.
(5)(a) This section does not apply to deeds of trust: (i) Securing a commercial loan; (ii) securing obligations of a grantor who is not the borrower or a guarantor; or (iii) securing a purchaser's obligations under a seller-financed sale.
(b) This section does not apply to beneficiaries that are exempt from RCW 61.24.163, if enacted, or if not enacted, to beneficiaries that conduct fewer than two hundred fifty trustee sales per year.
(6) This section does not alter a beneficiary's right to issue a notice of default and does not lengthen or shorten any time period imposed or required under this chapter.
[ 2011 c 364 § 1.]
Structure Revised Code of Washington
Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts
Chapter 61.24 - Deeds of Trust.
61.24.008 - Borrower referred to mediation—When.
61.24.010 - Trustee, qualifications—Successor trustee.
61.24.025 - Application of federal servicemembers civil relief act to deeds of trust.
61.24.030 - Requisites to trustee's sale.
61.24.031 - Notice of default under RCW 61.24.030(8)—Beneficiary's duties—Borrower's options.
61.24.033 - Model language for initial contact letter used by beneficiaries—Rules.
61.24.040 - Foreclosure and sale—Notice of sale.
61.24.042 - Notice to guarantor—Contents—Failure to provide.
61.24.045 - Requests for notice of sale.
61.24.060 - Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.
61.24.080 - Disposition of proceeds of sale—Notices—Surplus funds.
61.24.100 - Deficiency judgments—Foreclosure—Trustee's sale—Application of chapter.
61.24.110 - Reconveyance by trustee.
61.24.120 - Other foreclosure provisions preserved.
61.24.127 - Failure to bring civil action to enjoin foreclosure—Not a waiver of claims.
61.24.130 - Restraint of sale by trustee—Conditions—Notice.
61.24.135 - Consumer protection act—Unfair or deceptive acts or practices.
61.24.140 - Assignment of rents—Collecting payment of rent.
61.24.143 - Foreclosure of tenant-occupied property—Notice of trustee's sale.
61.24.146 - Foreclosure of tenant-occupied property—Notice to vacate.
61.24.165 - Application of RCW 61.24.163.
61.24.172 - Foreclosure fairness account created—Uses.
61.24.177 - Deed of trust pool—Duty of servicer to maximize net present value.
61.24.180 - Trustee as defendant—Declaration of nonmonetary status—Objection.