Deficiency Judgments in Washington State 

Washington state foreclosure law allows lenders to use either the Non-Judicial or Judicial Foreclosure process. If there is no “power of sale” clause present in the original loan documents, the lender will pursue Judicial Foreclosure. The lender must sue the borrower in court and foreclosure can be declared only by the court. A deficiency judgment may be awarded to the lender if the property is found by the court to have been abandoned for at least six (6) months before the decree of foreclosure. If a “power of sale” clause is present in the original loan documents, the lender can pursue Non-Judicial Foreclosure. This clause authorizes the lender to sell the property in the event the borrower goes into default on the loan. If the “power of sale” clause specifies the time, place, and terms of the sale, then those details must be used.

The Non-Judicial Foreclosure process in Washington state does not allow for the lender to sue the borrower to obtain a deficiency judgment.

The most common form of Foreclosure in Washington State is the Non-Judicial Foreclosure. 

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