Right to ask a court to restrain the trustee sale
RCW 61.24.130(1)
In plain words
Even though Washington foreclosures usually happen without a court, you can sue to restrain (stop) a trustee sale on any proper legal or equitable ground. The court will usually require you to pay into court the regular monthly payments while the case is pending.
Who is protected
Borrowers, grantors and anyone with an interest in the property.
When it applies
- Only in Washington.
- Only after a notice of default or once a sale date is set.
What you can do
Prepare to ask for a restraining order
Gather your notices and the problems you found; the trustee must get at least 5 days’ notice of the hearing.
Deadline: Well before the sale date
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List the legal grounds and evidence.
Open the toolRead your state guide and find free help
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Honest limits
- Failing to seek an injunction before the sale can waive some objections.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawRestraint of trustee sale
RCW 61.24.130(1)
Exact part: (1)
What it says: A borrower may seek to restrain a trustee sale on any proper legal or equitable ground, subject to payments into court.
Read the official texthttps://app.leg.wa.gov/RCW/default.aspx?cite=61.24.130
Court cases
- Partial winCited for this rightBain v. Metropolitan Mortgage Group, Inc.
Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012)
MERS is not a lawful beneficiary under Washington's Deed of Trust Act if it never held the promissory note
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to foreclosure mediation
RCW 61.24.163
Under the Foreclosure Fairness Act, a housing counselor or attorney can refer you to mediation with your lender. The referral can be made any time after a notice of default, but no later than 90 days before the sale date in the notice of trustee sale. The lender must mediate in good faith.
Read this rightRight to cure and stop the sale until 11 days before it
RCW 61.24.090(1)
You can stop a Washington trustee sale by curing the default — paying the past-due amounts and allowed costs — any time before the 11th day before the sale date. The trustee must then discontinue the sale.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right