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

Wash. Rev. Code § 61.12.060 (2026)

✓ current as of May 2026
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In rendering judgment of foreclosure, the court shall order the mortgaged premises, or so much thereof as may be necessary, to be sold to satisfy the mortgage and costs of the action. The payment of the mortgage debt, with interest and costs, at any time before sale, shall satisfy the judgment. The court, in ordering the sale, may in its discretion, take judicial notice of economic conditions, and after a proper hearing, fix a minimum or upset price to which the mortgaged premises must be bid or sold before confirmation of the sale.
The court may, upon application for the confirmation of a sale, if it has not theretofore fixed an upset price, conduct a hearing, establish the value of the property, and, as a condition to confirmation, require that the fair value of the property be credited upon the foreclosure judgment. If an upset price has been established, the plaintiff may be required to credit this amount upon the judgment as a condition to confirmation. If the fair value as found by the court, when applied to the mortgage debt, discharges it, no deficiency judgment shall be granted.
[ 1935 c 125 s 1; Code 1881 s 611; 1877 p 127 s 616; 1869 p 146 s 565; 1854 p 207 s 410; RRS s 1118. FORMER PART OF SECTION: 1935 c 125 s 1 1/2 now codified as RCW 61.12.061.]

Notes:

Confirmation of sale of land: RCW 6.21.110.
Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 1961–2021 · leading case: Am. Fed. Sav. & Loan Ass'n of Tacoma v. McCaffrey, 728 P.2d 155 (Wash. 1986).
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Am. Fed. Sav. & Loan Ass'n of Tacoma v. McCaffrey, 728 P.2d 155 (Wash. 1986). · cites it 5× “The first paragraph of RCW 61.12.060 reads, in pertinent part: The court, in ordering the [foreclosure] sale, may in its discretion, take judicial notice of economic conditions, and after a proper hearing, fix a minimum or upset price to which the mortgaged premises must be bid…”
Nancy & Stjepan Sostaric v. Sally Marshall, 766 S.E.2d 396 (W. Va. 2014). · cites it 2× “§ 57-1-32 (“fair market value”); Wash. Rev. Code Ann. § 61.12.060 (“fair value”); Wis.”
Nat'l Bank v. Equity Investors, 506 P.2d 20 (Wash. 1973). · cites it 3× “At a continued hearing on the motion to confirm sale, March 23, 1972, the trial court held RCW 61.12.060 to be applicable and appropriate, and the court fixed an upset price at the total amount of the judgment, $2,247,500.”
Washington Fed. Sav. & Loan Ass'n v. McNaughton, 325 P.3d 383 (Wash. Ct. App. 2014). · cites it 8× “The McNaughtons assert the appraisals the bank relied on to make a bid at the nonjudicial foreclosure sale did not analyze “fair value” or take into account the factors to determine an “upset price” under RCW 61.12.060 of the “Foreclosure of Real Estate Mortgages and Personal…”
Donovick v. Seattle-First Nat'l Bank, 757 P.2d 1378 (Wash. 1988). · cites it 2× “RCW 61.12.060. Property sold pursuant to judicial foreclosure ordinarily may be redeemed by the borrower within 1 year.”
Washington Fed. v. Harvey, 340 P.3d 846 (Wash. 2015). “RCW 61.12.060. Property sold pursuant to judicial foreclosure ordinarily may be redeemed by the borrower within 1 year.”
New England Sav. Bank v. Lopez, 630 A.2d 1010 (Conn. 1993). “§ 57-1-32 ; Wash. Rev. Code § 61.12.060 ; Wis. Stat. Ann.”
Queen City Sav. & Loan Ass'n v. Mannhalt, 760 P.2d 350 (Wash. 1988). · cites it 2× “473 , 477, 578 P.2d 152 (1978). Washington's Act also deprives the borrower of rights of redemption, RCW 61.”
Lee v. Barnes, 379 P.2d 362 (Wash. 1963). · cites it 4× “The appellants suggest three alternative methods to determine the upset price which they feel use the criteria consistent with the purposes of RCW 61.12.060. The first suggested method is to take the original value, as indicated by the bill of sale, less depreciation.”
DeYoung v. Cenex Ltd., 1 P.3d 587 (Wash. Ct. App. 2000). “The DeYoungs' decision not to redeem the property is consistent with their decision that it was not worthwhile to keep up the land payments.”
Fitch v. Buffalo Fed. Sav. & Loan Ass'n, 751 P.2d 1309 (Wyo. 1988). · cites it 2× “Washington allows a deficiency judgment after foreclosure by suit, but in the judicial proceeding the trial court may judicially notice relevant economic conditions and then set an "upset price" which establishes the minimum value that must be bid for the property to determine…”
Olathe Bank v. Mann, 845 P.2d 639 (Kan. 1993). · cites it 2× “See Wash. Rev. Code § 61.12.060 (1992). The Wisconsin courts have analyzed the term fair value on several occasions.”
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