Wash. Rev. Code » Title 61 · Chapter 61.24
Revised Code of Washington

Wash. Rev. Code § 61.24.026 (2026)

✓ current as of May 2026
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(1) Whenever (a) consummation of a written agreement for the purchase and sale of owner-occupied residential real property would result in contractual sale proceeds that are insufficient to pay in full the obligation owed to a senior beneficiary of a deed of trust encumbering the residential real property; and (b) the seller makes a written offer to the senior beneficiary to accept the entire net proceeds of the sale in order to facilitate closing of the purchase and sale; then the senior beneficiary must, within one hundred twenty days after the receipt of the written offer, deliver to the seller, in writing, an acceptance, rejection, or counter-offer of the seller's written offer. The senior beneficiary may determine, in its sole discretion, whether to accept, reject, or counter-offer the seller's written offer.
(2) This section applies only when the written offer to the senior beneficiary is received by the senior beneficiary prior to the issuance of a notice of default. The offer must include a copy of the purchase and sale agreement. The offer must be sent to the address of the senior beneficiary or the address of a party acting as a servicer of the obligation secured by the deed of trust.
(3) A seller has a right of action for actual monetary damages incurred as a result of the senior beneficiary's failure to comply with the requirements of subsection (1) of this section.
(4) A senior beneficiary is not liable for the actions or inactions of any other lienholder.
(5)(a) This section does not apply to deeds of trust: (i) Securing a commercial loan; (ii) securing obligations of a grantor who is not the borrower or a guarantor; or (iii) securing a purchaser's obligations under a seller-financed sale.
(b) This section does not apply to beneficiaries that are exempt from RCW 61.24.163, if enacted, or if not enacted, to beneficiaries that conduct fewer than two hundred fifty trustee sales per year.
(6) This section does not alter a beneficiary's right to issue a notice of default and does not lengthen or shorten any time period imposed or required under this chapter.
[ 2011 c 364 s 1.]
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2013–2026 · leading case: Bavand v. OneWest Bank, FSB, 309 P.3d 636 (Wash. Ct. App. 2013).
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Bavand v. OneWest Bank, FSB, 309 P.3d 636 (Wash. Ct. App. 2013). “statute states: (1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting: (a) Common law fraud or misrepresentation; (b) A violation of Title 19 RCW; (c) Failure…”
Frizzell v. Murray, 313 P.3d 1171 (Wash. 2013). · cites it 2× ““(1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting: “(a) Common law fraud or misrepresentation; “(b) A violation of Title 19 RCW; “(c) Failure of the…”
Copper Creek (Marysville) Homeowners Ass'n v. Kurtz, 532 P.3d 601 (Wash. 2023). · cites it 2× “” RCW 61.24.026(1)(a); see also Kendall, No.”
Frizzell v. Murray (Wash. 2013). · cites it 2× “pplicable thus 3 "(1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting: "(a) Common law fraud or misrepresentation; "(b) A violation of Title 19 RCW; "(c)…”
Pauline Louise Conner v. Everhome Mortg. Co. (Wash. Ct. App. 2016). “24 Also, failure to bring an action to enjoin foreclosure does not waive claims asserting "(a) [cjommon law fraud or misrepresentation; (b) [a] violation of Title 19 RCW; (c) [fjailure of the trustee to materially comply with the provisions of this chapter; or (d) [a] violation…”
vs Developing, Llc, V. Brmk Priest Point, Llc (Wash. Ct. App. 2024). “These include claims for damages premised on allegations of (1) common law fraud or misrepresentation, (2) a violation of the CPA, (3) the trustee’s failure to “materially comply” with the DTA, or (4) a violation of RCW 61.24.026. RCW 61.24.127(1). However, “[t]his section does…”
Marquez Vargas v. RRA CP Opportunity Tr. 1 (Wash. 2026). “24 RCW, and a violation of RCW 61.24.026. See RCW 61.24.127(1)(a)-(d).”
Marisa Bavand, App. v. Onewest Bank, F.s.b, Res. (Wash. Ct. App. 2013). “This statute states: (1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting: (a) Common law fraud or misrepresentation; (b) A violation of Title 19 RCW; (c)…”
Erik & Diana Moseid v. Us Bank (Wash. Ct. App. 2015). “41 Causes of action are the same for purposes of claim preclusion when (1) prosecution of the second action would destroy or impair rights or interests established in a prior judgment, (2) substantially the same evidence is involved in both actions, (3) the two suits involve…”
Triangle Prop. Dev., Res. v. Byron L. Barton & Jean Barton, Apps. (Wash. Ct. App. 2015). “72113-5-1/5 Fourth, even if waiver does not apply, the Bartons provide no authority that a bona fide purchaser for value is subject to claims of a defective sale.”
— Wash. Rev. Code § 61.24.026(1)(a) — 1 case
Copper Creek (Marysville) Homeowners Ass'n v. Kurtz, 532 P.3d 601 (Wash. 2023). “” RCW 61.24.026(1)(a); see also Kendall, No.”
— Wash. Rev. Code § 61.24.026(1)(b) — 1 case
Copper Creek (Marysville) Homeowners Ass'n v. Kurtz, 532 P.3d 601 (Wash. 2023). “” RCW 61.24.026(1)(a); see also Kendall, No.”
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