Revised Code of Washington
Chapter 61.24 - Deeds of Trust.
61.24.172 - Foreclosure fairness account created—Uses.

RCW 61.24.172
Foreclosure fairness account created—Uses.

The foreclosure fairness account is created in the custody of the state treasurer. All receipts received under RCW * 61.24.174, as it existed prior to July 1, 2016, ** 61.24.173, and 61.24.190 must be deposited into the account. Only the director of the department of commerce or the director's designee may authorize expenditures from the account. Funding to agencies and organizations under this section must be provided by the department through an interagency agreement or other applicable contract instrument. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Biennial expenditures from the account must be used as follows: Four hundred thousand dollars to fund the counselor referral hotline. The remaining funds shall be distributed as follows: (1) Sixty-nine percent for the purposes of providing housing counseling activities to benefit borrowers; (2) eight percent to the office of the attorney general to be used by the consumer protection division to enforce this chapter; (3) six percent to the office of civil legal aid to be used for the purpose of contracting with qualified legal aid programs for legal representation of homeowners in matters relating to foreclosure. Funds provided under this subsection (3) must be used to supplement, not supplant, other federal, state, and local funds; and (4) seventeen percent to the department to be used for implementation and operation of the foreclosure fairness act.
The department shall enter into interagency agreements to contract with the Washington state housing finance commission and other appropriate entities to implement the foreclosure fairness act.

[ 2021 c 151 § 9; 2016 c 196 § 1; 2015 3rd sp.s. c 4 § 965; 2014 c 164 § 5; 2012 c 185 § 12; 2011 c 58 § 11.]
NOTES:

Reviser's note: *(1) RCW 61.24.174 was repealed by 2016 c 196 § 4.
**(2) RCW 61.24.173 was repealed by 2021 c 151 § 13, effective June 30, 2023.


Effective date—2021 c 151 §§ 5, 9, 11, and 12: See note following RCW 61.24.135.


Findings—Intent—2021 c 151: See note following RCW 61.24.005.


Effective date—2016 c 196: "This act takes effect July 1, 2016." [ 2016 c 196 § 6.]


Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.


Effective date—2012 c 185 § 12: "Section 12 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2012]." [ 2012 c 185 § 15.]


Effective date—2011 c 58 §§ 11, 12, and 16: "Sections 11, 12, and 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 14, 2011]." [ 2011 c 58 § 19.]


Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.

Structure Revised Code of Washington

Revised Code of Washington

Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts

Chapter 61.24 - Deeds of Trust.

61.24.005 - Definitions.

61.24.008 - Borrower referred to mediation—When.

61.24.010 - Trustee, qualifications—Successor trustee.

61.24.020 - Deeds subject to all mortgage laws—Foreclosure—Recording and indexing—Trustee and beneficiary, separate entities, exception.

61.24.025 - Application of federal servicemembers civil relief act to deeds of trust.

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.

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.

61.24.050 - Interest conveyed by trustee's deed—Sale is final if acceptance is properly recorded—Redemption precluded after sale—Rescission of trustee's sale.

61.24.060 - Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.

61.24.070 - Trustee's sale, who may bid at—If beneficiary is purchaser—If purchaser is not beneficiary.

61.24.080 - Disposition of proceeds of sale—Notices—Surplus funds.

61.24.090 - Curing defaults before sale—Discontinuance of proceedings—Notice of discontinuance—Execution and acknowledgment—Payments tendered to trustee.

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.

61.24.160 - Housing counselors—Good faith duty to attempt resolution—Resolution described—Mediation—Liability for civil damages—Annual report.

61.24.163 - Foreclosure mediation program—Timelines—Procedures—Duties and responsibilities of mediator, borrower, and beneficiary—Fees—Annual report.

61.24.165 - Application of RCW 61.24.163.

61.24.166 - Application of RCW 61.24.163 to federally insured depository institutions—Annual application for exemption.

61.24.169 - Department maintains list of approved foreclosure mediators—Training program—Mediator involvement in civil action.

61.24.172 - Foreclosure fairness account created—Uses.

61.24.173 - Required payment for each property subject to notice of trustee's sale—Residential real property—Exceptions—Deposit into foreclosure fairness account.

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.

61.24.190 - Notices of default—Requirements—Payment—Department not civilly liable if no gross negligence in releasing information—Application.