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

Wash. Rev. Code § 61.12.070 (2025)

Decree to direct deficiency—Waiver in complaint

✓ laws through the 2025 session: 2026 session laws are not yet included
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When there is an express agreement for the payment of the sum of money secured contained in the mortgage or any separate instrument, the court shall direct in the decree of foreclosure that the balance due on the mortgage, and costs which may remain unsatisfied after the sale of the mortgaged premises, shall be satisfied from any property of the mortgage debtor: PROVIDED, HOWEVER, That in all cases where the mortgagee or other owner of such mortgage has expressly waived any right to a deficiency judgment in the complaint, as provided by RCW 6.23.020, there shall be no such judgment for deficiency, and the remedy of the mortgagee or other owner of the mortgage shall be confined to the sale of the property mortgaged.
[ 1961 c 196 s 4; Code 1881 s 612; 1877 p 127 s 617; 1869 p 146 s 566; 1854 p 208 s 411; RRS s 1119.]
Notes of Decisions
Cited in 7 cases, 1975–2016 · leading case: Gardner v. First Heritage Bank, 175 Wash. App. 650 (Wash. Ct. App. 2013).
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Gardner v. First Heritage Bank, 175 Wash. App. 650 (Wash. Ct. App. 2013). “These amendments revised 12 of the 14 sections of the former act, created 4 new sections, and modified other related statutes.”
Am. Fed. Sav. & Loan Ass'n of Tacoma v. McCaffrey, 728 P.2d 155 (Wash. 1986). “RCW 61.12.070. The sole statutory basis for withdrawing the funds from the court registry was in satisfaction of the deficiency judgment established by the trial court order.”
Farm Credit Bank v. Tucker, 813 P.2d 619 (Wash. Ct. App. 1991). “See RCW 61.12.070, which provides: *202 When there is an express agreement for the payment of the sum of money secured contained in the mortgage or any separate instrument, the court shall direct in the decree of foreclosure that the balance due on the mortgage, and costs which…”
Umpqua Bank v. Shasta Apts., LLC, 378 P.3d 585 (Wash. Ct. App. 2016). “11 RCW 61.12.070 directs that the court “shall direct in the decree of foreclosure that the balance due on the mortgage, and costs which may remain unsatisfied after the sale of the mortgaged premises, shall be satisfied from any property of the mortgage debtor,’’ unless…”
Vail v. Derwinski, 742 F. Supp. 1039 (D. Minn. 1990). “Wash.Rev.Code Ann. § 61.24.100. In a judicial foreclosure, the lender is allowed to seek a deficiency.”
Helbling Bros. v. Turner, 542 P.2d 1257 (Wash. Ct. App. 1975). “Respondent then sought to obtain a deficiency judgment; the appellants objected because the summary judgment failed to expressly provide for a deficiency judgment as required by RCW 61.12.070. 1 Additionally, appellants contend the respondent, having entered into a deed of…”
Roger Gardner v. First Heritage Bank, Res., No. 67375-1 (Wash. Ct. App. Mar. 25, 2013). “" Appellant's Reply Br. at 1. He acknowledges that the bank did not attempt to obtain a money judgment against him.”
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