Wash. Rev. Code » Title 61 · Chapter 61.24

Wash. Rev. Code § 61.24.020

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Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may be foreclosed by trustee's sale. The county auditor shall record the deed as a mortgage and shall index the name of the grantor as mortgagor and the names of the trustee and beneficiary as mortgagee. No person, corporation or association may be both trustee and beneficiary under the same deed of trust: PROVIDED, That any agency of the United States government may be both trustee and beneficiary under the same deed of trust. A deed of trust conveying real property that is used principally for agricultural purposes may be foreclosed as a mortgage. Pursuant to *RCW 62A.9-501(4), when a deed of trust encumbers both real and personal property, the trustee is authorized to sell all or any portion of the grantor's interest in that real and personal property at a trustee's sale.
[ 1998 c 295 s 3; 1985 c 193 s 2; 1975 1st ex.s. c 129 s 2; 1965 c 74 s 2.]

Notes:

*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Application—1985 c 193: "This act shall apply to foreclosures commenced, by the giving of a notice of default pursuant to RCW 61.24.030(6), after July 28, 1985." [ 1985 c 193 s 5.]
Notes of Decisions
Cited in 44 cases (8 in the last 5 years), 1978–2026 · leading case: Schroeder v. Excelsior Management Group, LLC
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Schroeder v. Excelsior Management Group, LLC (2013) wash · cites it 3× “RCW 61.24.020, .030(2). ¶2 In 2009, Phillip J.”
Klem v. Washington Mutual Bank (2013) wash · cites it 2× “at 260-61; RCW 61.24.020; RCW 61.12.090; RCW 7.28.230(1).”
Deutsche Bank National Trust Co. v. Valerie J. Slotke (2016) washctapp · cites it 2× “100’’); see also RCW 61.24.020, .100(8), .120; 2 Wash. State Bar Ass’n, Washington Real Property Deskbook Series: Real Estate Essentials § 21.”
Bain v. Metropolitan Mortgage Group, Inc. (2012) wash “¶11 When secured by a deed of trust that grants the trustee the power of sale if the borrower defaults on repaying the underlying obligation, the trustee may usually foreclose the deed of trust and sell the property without judicial supervision.”
Kevin E. Edmundson, Res. v. Carrington Mortgage Services, Llc, App. (2016) washctapp “10 RCW 61.24.020 (“Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property.”
Hummel v. Northwest Trustee Services, Inc. (2016) wawd · cites it 2× “11, 2015) (citing Wash. Rev. Code § 61.24.020 ; Rustad Heating & Plumbing Co.”
Butler v. One West Bank, FSB (In re Butler) (2014) wawb · cites it 3× “One West did not violate RCW 61.24.020. RCW 61.24.020 requires that only a deed of trust securing payments to a “beneficiary” may be foreclosed.”
Walcker v. Benson and McLaughlin, PS (1995) washctapp · cites it 3× “Except as provided in this chapter, a deed of trust is subject to all laws relating to mortgages on real property. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to the beneficiary may he foreclosed as in…”
Brown v. Department of Commerce (2015) wash “RCW 61.24.020. But before this remedy may occur, the DTA establishes detailed procedures that must be satisfied.”
Kezner v. Landover Corp. (1997) washctapp · cites it 4× “230 also refers to "mortgages, trust deeds or assignments,” and under RCW 61.24.020, "a deed of trust is subject to all laws relating to mortgages on real property.”
Walker v. Quality Loan Service Corp. (2013) washctapp “3, at 260-61); RCW 61.24.020; RCW 61.12.090; RCW 7.28.230(1).”
Jordan v. Bergsma (1992) washctapp · cites it 2× “Jordan argues that this statute is equally applicable to deeds of trust because RCW 61.24.020 9 establishes a general rule that deeds of trust will be treated like mortgages unless otherwise provided in the deed of trust statute.”
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