Washington passed a bill amending the state’s foreclosure laws. Under the bill, Washington’s foreclosure mediation program was amended to extend the time an attorney or housing counselor has to refer a borrower to mediation to 90 days prior to the date of the foreclosure sale listed in the Notice of Sale. Previously a borrower could only be referred to mediation until 20 days after the Notice of Sale was recorded. If an amended Notice of Sale is recorded due to the postponement of the foreclosure sale, the borrower may be referred to mediation no later than 25 days prior to the date of foreclosure sale listed in the amended Notice of Sale. The bill also amended the content of the foreclosure mediation statement that must be included in the Notice of Default and the Notice of Sale if the property is owner-occupied residential property. In addition, the bill amended exemptions to the foreclosure mediation program and to the quarterly Notice of Default report and fee for certain small lenders and servicers, enacted a requirement to postpone a foreclosure sale if a written notice from the Homeowner Assistance Fund Program (Program) is received stating that an application has been submitted to the Program on behalf of the borrower, and revised when a successor in interest of a deceased borrower may be referred to foreclosure mediation. The bill generally becomes effective July 23, 2023. However, the provisions related to the postponement of a foreclosure sale with respect to the Homeowner Assistance Fund Program went into effect on May 3, 2023.
Click to view the WA House Bill 1349: https://www.tenaco.com/wp-content/uploads/2023/07/WA-HB-1349-07-23-23.pdf
