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

Wash. Rev. Code § 61.24.042 (2026)

✓ current as of May 2026
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The beneficiary may give the notices of default, trustee's sale, and foreclosure referred to in RCW * 61.24.030(7) and 61.24.040 to any one or more of the guarantors of a commercial loan at the time they are given to the grantor. In addition to the information contained in the notices provided to the grantor, these notices shall state that (1) the guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust; (2) the guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) the guarantor will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs. The failure of the beneficiary to provide any guarantor the notice referred to in this section does not invalidate either the notices given to the borrower or the grantor, or the trustee's sale.
[ 1998 c 295 s 6.]

Notes:

*Reviser's note: RCW 61.24.030 was amended by 2009 c 292 s 8, changing subsection (7) to subsection (8).
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2013–2026 · leading case: Washington Fed. v. Gentry, 319 P.3d 823 (Wash. Ct. App. 2014).
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Washington Fed. v. Gentry, 319 P.3d 823 (Wash. Ct. App. 2014). · cites it 3× “] *480 (c) Subject to this section, an action for a deficiency judgment against a guarantor if the guarantor is timely given the notices under RCW 61.24.042.[ 33 ] ¶32 Subsection (3)(c) addresses deficiency judgments against guarantors of certain commercial loans after trustees’…”
Washington Fed. Sav. & Loan Ass'n v. McNaughton, 325 P.3d 383 (Wash. Ct. App. 2014). · cites it 2× “100(3) states: This chapter does not preclude any one or more of the following after a trustee’s sale under a deed of trust securing a commercial loan executed after June 11, 1998: (c) Subject to this section, an action for a deficiency judgment against a guarantor if the…”
First-Citizens Bank & Trust Co. v. Cornerstone Homes & Dev., LLC, 314 P.3d 420 (Wash. Ct. App. 2013). “100(3)(c), which provides: This chapter does not preclude any one or more of the following after a trustee’s sale under a deed of trust securing a commercial loan executed after June 11, 1998: (c) Subject to this section, an action for a deficiency judgment against a guarantor…”
Washington Fed., App. v. Kendall & Nancy Gentry, Resps. (Wash. Ct. App. 2014). · cites it 3× “] (c) Subject to this section, an action for a deficiency judgment against a guarantor ifthe guarantor is timely given the notices under RCW 61.24.042.[33] Subsection (3)(c) addresses deficiency judgments against guarantors of certain commercial loans after trustees' sales under…”
Veristone Fund I Llc, V. Kristen Lester (Wash. Ct. App. 2026). “100(3)(c), the beneficiary of a promissory note may obtain a deficiency judgment “against a guarantor if the guarantor is timely given the notices under RCW 61.24.042.” In the consolidated case of Washington Federal v.”
Wa. Fed. Sav. & Loan Ass'n v. Mark Mcnaughton (Wash. Ct. App. 2014). “" RCW 61.24.042. Under RCW 61.24.100(5), "the guarantor may request the court or other appropriate adjudicator to determine .”
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