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

Wash. Rev. Code § 61.12.050 (2026)

When remedy confined to mortgaged property

✓ current as of May 2026
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When there is no express agreement in the mortgage nor any separate instrument given for the payment of the sum secured thereby, the remedy of the mortgagee shall be confined to the property mortgaged.
[Code 1881 s 610; 1877 p 127 s 615; 1869 p 146 s 564; 1854 p 207 s 409; RRS s 1117.]
Notes of Decisions
Cited in 3 cases, 1969–2013 · leading case: Seattle-First Nat'l Bank v. Hart, 573 P.2d 827 (Wash. Ct. App. 1978).
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Seattle-First Nat'l Bank v. Hart, 573 P.2d 827 (Wash. Ct. App. 1978). “RCW 61.12.050 provides that When there is no express agreement in the mortgage nor any separate instrument given for the payment of the sum secured thereby, the remedy of the mortgagee shall be confined to the property mortgaged.”
Damascus Milk Co. v. Morriss, 463 P.2d 212 (Wash. Ct. App. 1969). “See RCW 61.12.050 through 61.12.100. Those same remarks have been criticized however, as falling short of the mark when the distinctions become critical.”
Bank of New York v. Marco T. Barbanti (Wash. Ct. App. 2013). “Barbanti BONY contends that RCW 61.12.050 frees it from establishing the amount in default and from a judicial sale.”
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