Right to cure and stop the sale until 11 days before it
RCW 61.24.090(1)
In plain words
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.
Who is protected
Borrowers, grantors and guarantors under a Washington deed of trust.
When it applies
- Only in Washington.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolGet the cure amount from the trustee
Ask in writing for the amount needed to cure.
Deadline: Before the 11th day before the sale
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- After that point you would need to pay off the whole loan or get a court order.
- 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 lawCure before the 11th day
RCW 61.24.090(1)
Exact part: (1)
What it says: Curing the default before the 11th day before the sale discontinues the sale.
Read the official texthttps://app.leg.wa.gov/RCW/default.aspx?cite=61.24.090
Court cases
- Partial winSame topicBain 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
Related rights
Right to be contacted first and to 120 days’ notice of sale
RCW 61.24.031
Before a notice of default on an owner-occupied home, the lender must contact you (or try diligently) about options. If you respond within 30 days, you get 60 more days to meet before a notice of default. When that pre-default letter was required, the notice of trustee sale must be recorded and sent at least 120 days before the sale.
Read this rightRight 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 ask a court to restrain the trustee sale
RCW 61.24.130(1)
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.
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 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