Wash. Rev. Code » Title 61 · Chapter 61.12
Revised Code of Washington

Wash. Rev. Code § 61.12.020 (2025)

Mortgage—Form—Contents—Effect

✓ laws through the 2025 session: 2026 session laws are not yet included
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of (here insert the nature and amount of indebtedness, showing when due, rate of interest, and whether evidenced by note, bond or other instrument or not) the following described real estate (here insert description) situated in the county of . . . . . ., state of Washington.
Dated this . . . . day of . . . . . ., (year) . . . .
Every such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient conveyance and mortgage to secure the payment of the money therein specified. The parties may insert in such mortgage any lawful agreement or condition.
[ 2016 c 202 s 36; 1929 c 33 s 12; RRS s 10555. Prior: 1888 c 26 s 1; 1886 p 179 s 6.]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2012–2024 · leading case: Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012).
Sort: Relevance Newest Treatment
Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (2012). “Essentially, it argues that we should insert the parties’ agreement into the statutory definition. It notes that another provision of Title 61 RCW specifically allows parties to insert side agreements or conditions into mortgages.”
Us Bank Nat'l Assoc., V Tarmo Roosild & Samantha Castronovo, 487 P.3d 212 (Wash. Ct. App. 2021). “However, under RCW 61.12.020, which applies to the terms of a deed of trust when foreclosed as a mortgage, “The parties may insert in such mortgage any lawful agreement or condition.”
U.s. Bank, V. Est. Of Bradley Hrutfjord, No. 85615-4 (Wash. Ct. App. July 22, 2024). “RCW 61.12.020. Every encumbrance on real estate, such as a deed of trust, “shall be by deed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.