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

Wash. Rev. Code § 61.12.040 (2026)

Foreclosure—Venue

✓ current as of May 2026
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When default is made in the performance of any condition contained in a mortgage, the mortgagee or his or her assigns may proceed in the superior court of the county where the land, or some part thereof, lies, to foreclose the equity of redemption contained in the mortgage.
[ 2012 c 117 s 160; Code 1881 s 609; 1877 p 127 s 614; 1869 p 145 s 563; 1854 p 207 s 408; RRS s 1116.]

Notes:

Real property, actions concerning to be brought where property is located: RCW 4.12.010.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1988–2026 · leading case: Klem v. Washington Mut. Bank, 295 P.3d 1179 (Wash. 2013).
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Klem v. Washington Mut. Bank, 295 P.3d 1179 (Wash. 2013). “RCW 61.12.040; RCW *790 4.12.010; RCW 6.23.”
Queen City Sav. & Loan Ass'n v. Mannhalt, 760 P.2d 350 (Wash. 1988). · cites it 2× “Johnson, supra ; RCW 61.12.040. [15] See, e.g., Bateman v.”
Carter v. Derwinski, 987 F.2d 611 (9th Cir. 1993). “Washington permits deficiency judgments after a judicial foreclosure, Wash.Rev.Code Ann. § 61.12.040, but prohibits them altogether after a nonjudicial foreclosure, id.”
Us Bank Nat'l Assoc., V Tarmo Roosild & Samantha Castronovo (Wash. Ct. App. 2021). · cites it 4× “The trial court explained, “Defendants have not established that a judicial foreclosure requires pre-foreclosure notice procedures.”
US Bank Trust Nat'l Ass'n v. Anatoliy Stefanyuk (Wash. Ct. App. 2026). · cites it 3× “040 or judicially under RCW 61.12.040. “Under RCW 61.12.040, a lender may initiate a judicial foreclosure simply by filing a summons and complaint in the superior court where the property is located and serving the borrower.”
Michael J. Beverick, Apps v. Landmark Bldg. & Dev. Inc., Res. (Wash. Ct. App. 2017). · cites it 2× “Specifically, they argue that, although Nationstar Mortgage identified itself as the current holder of the obligation, Nationstar Mortgage failed to establish that it was the mortgagee or his or her assigns under RCW 61.12.040 or that U.S. Bank had standing as owner and holder…”
Marquez Vargas v. RRA CP Opportunity Trust 1 (W.D. Wash. 2024). · cites it 2× “”); Wash. Rev. Code § 61.12.040 (providing for 2 judicial foreclosure).”
Meppelink v. Wilmington Sav. Fund Soc'y FSB (W.D. Wash. 2020). “Under RCW 61.12.040, “[w]hen default is made in the 12 performance of any condition contained in a mortgage, the mortgagee or his or her assigns may 13 proceed in the superior court of the county where the land, or some part thereof, lies, to foreclose 14 the equity of…”
Klem v. Wash. Mut. Bank (Wash. 2013). “RCW 61.12.040; RCW 4.12.010; RCW 6.23.020(1).”
Valmari Renata, App. v. Flagstar Bank, F.s.b., Et Ano., Resps. (Wash. Ct. App. 2015). “RCW 61.12.040; RCW 4.12.010; RCW 6.23.020(1).”
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