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

Wash. Rev. Code § 61.24.080 (2026)

✓ current as of May 2026
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The trustee shall apply the proceeds of the sale as follows:
(1) To the expense of sale, including a reasonable charge by the trustee and by his or her attorney: PROVIDED, That the aggregate of the charges by the trustee and his or her attorney, for their services in the sale, shall not exceed the amount which would, by the superior court of the county in which the trustee's sale occurred, have been deemed a reasonable attorney fee, had the trust deed been foreclosed as a mortgage in a noncontested action in that court;
(2) To the obligation secured by the deed of trust; and
(3) The surplus, if any, less the clerk's filing fee, shall be deposited, together with written notice of the amount of the surplus, a copy of the notice of trustee's sale, and an affidavit of mailing as provided in this subsection, with the clerk of the superior court of the county in which the sale took place. The trustee shall mail copies of the notice of the surplus, the notice of trustee's sale, and the affidavit of mailing to each party to whom the notice of trustee's sale was sent pursuant to RCW 61.24.040(1). The clerk shall index such funds under the name of the grantor as set out in the recorded notice. Upon compliance with this subsection, the trustee shall be discharged from all further responsibilities for the surplus. Interests in, or liens or claims of liens against the property eliminated by sale under this section shall attach to the surplus in the order of priority that it had attached to the property, as determined by the court. A party seeking disbursement of the surplus funds shall file a motion requesting disbursement in the superior court for the county in which the surplus funds are deposited. Notice of the motion shall be personally served upon, or mailed in the manner specified in RCW 61.24.040(1)(b), to all parties to whom the trustee mailed notice of the surplus, and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the motion. The clerk shall not disburse such surplus except upon order of the superior court of such county.
[ 2014 c 107 s 2; 1998 c 295 s 10; 1981 c 161 s 5; 1967 c 30 s 3; 1965 c 74 s 8.]
Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1982–2021 · leading case: Boeing Employees' Credit Union v. Burns, 272 P.3d 908 (Wash. Ct. App. 2012).
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Boeing Employees' Credit Union v. Burns, 272 P.3d 908 (Wash. Ct. App. 2012). · cites it 5× “In sum, each side claimed a superior right to the funds under RCW 61.24.080. ¶10 A court commissioner ruled that “BECU’s deed of trust and promissory note merged when BECU obtained a *270 judgment” on the promissory note.”
Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). · cites it 12× “Ott argues that (1) the foreclosure court erred in ordering transfer of the surplus funds to Whitmire’s estate, thereby subjecting his claim to probate, and (2) because his attorney lien, reduced to judgment, had priority under RCW 61.24.080 and RCW 60.40.010. Whitmire’s estate…”
In re the Tr.'s Sale of Real Prop. of Giannusa, 169 Wash. App. 904 (Wash. Ct. App. 2012). · cites it 9× “100(1), as interpreted by Washington Mutual, precludes a nonforeclosing junior lienholder who purchases the property at the trustee’s sale from seeking the surplus funds.”
Household Fin. Indus. Loan Co. v. Upton, 102 Wash. App. 220 (Wash. Ct. App. 2000). · cites it 4× “60 was deposited into the King County Superior Court’s registry, pursuant to Washington’s Deed of Trust Act, RCW 61.24.080. As the holder of a lien for an amount in excess of the amount deposited, and the next lienholder of record on the property, Household petitioned the court…”
Wilson v. Henkle, 724 P.2d 1069 (Wash. Ct. App. 1986). · cites it 2× “080, 3 which governs the disposition of the proceeds of a trustee's sale, poses no har to the disbursement of the funds to the Henkles since it merely mandates that lien claims against the property that were eliminated by the trustee's sale shall attach to any surplus proceeds.”
Bert Kuty Revocable Living Trust v. Mullen, 306 P.3d 994 (Wash. Ct. App. 2013). · cites it 4× “See RCW 61.24.080. Accordingly, even if the Kuty Trust had sought an accounting of foreclosure proceeds from the correct party, there are no genuine material facts in dispute and we hold as a matter of law that there are no funds for which to account because the trustee’s sale…”
Sweet v. O'Leary, 944 P.2d 414 (Wash. Ct. App. 1997). · cites it 2× “7 However, Felton did not involve application of RCW 61.24.080, and did not concern the relative rights between the homestead owner and the holder of a judgment lien.”
Olson Eng'g, Inc. v. KeyBank Nat'l Ass'n, 286 P.3d 390 (Wash. Ct. App. 2012). · cites it 2× “RCW 61.24.080 provides: The trustee shall apply the proceeds of the sale as follows: (1) To the expense of sale, including a reasonable charge by the trustee and by his or her attorney: PROVIDED, That the aggregate of the charges by the trustee and his or her attorney, for their…”
Hartley v. Liberty Park Assocs., 774 P.2d 40 (Wash. Ct. App. 1989). · cites it 2× “The surplus was deposited into the registry of the King County Superior Court Clerk pursuant to RCW 61.24.080. Michael, Tukwila and Liberty Park filed petitions for disbursal of the surplus funds.”
GLEPCO, LLC v. Reinstra, 307 P.3d 744 (Wash. Ct. App. 2013). “RCW 61.24.080 governs the disposition of the proceeds of a trustee’s sale.”
Irwin Concrete, Inc. v. Sun Coast Props., Inc., 653 P.2d 1331 (Wash. Ct. App. 1982). “See RCW 61.24.080(3). 5 His related argument that he was entitled to notice of the sale is clearly without merit.”
CHD, Inc. v. Boyles, 138 Wash. App. 131 (Wash. Ct. App. 2007). “It reasons that under RCW 61.24.080, which sets forth how the trustee shall apply the proceeds of the sale, the trustee had a fiduciary duty to deposit funds with the court as surplus because the trustee knew from CHD’s declaratory action that Ms.”
Show all 25 citing cases →
— Wash. Rev. Code § 61.24.080(1) — 6 cases
In re the Tr.'s Sale of Real Prop. of Giannusa, 169 Wash. App. 904 (Wash. Ct. App. 2012). “100(1), as interpreted by Washington Mutual, precludes a nonforeclosing junior lienholder who purchases the property at the trustee’s sale from seeking the surplus funds.”
Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). “Ott argues that (1) the foreclosure court erred in ordering transfer of the surplus funds to Whitmire’s estate, thereby subjecting his claim to probate, and (2) because his attorney lien, reduced to judgment, had priority under RCW 61.24.080 and RCW 60.40.010. Whitmire’s estate…”
Bert Kuty Revocable Living Trust v. Mullen, 306 P.3d 994 (Wash. Ct. App. 2013). “See RCW 61.24.080. Accordingly, even if the Kuty Trust had sought an accounting of foreclosure proceeds from the correct party, there are no genuine material facts in dispute and we hold as a matter of law that there are no funds for which to account because the trustee’s sale…”
Ball v. JPMorgan Chase Bank, NA, 319 P.3d 844 (Wash. Ct. App. 2014).
Quality Loan Serv. Corp. of Washington v. United States of Am. (W.D. Wash. 2021).
— Wash. Rev. Code § 61.24.080(2) — 2 cases
Olson Eng'g, Inc. v. KeyBank Nat'l Ass'n, 286 P.3d 390 (Wash. Ct. App. 2012). “RCW 61.24.080 provides: The trustee shall apply the proceeds of the sale as follows: (1) To the expense of sale, including a reasonable charge by the trustee and by his or her attorney: PROVIDED, That the aggregate of the charges by the trustee and his or her attorney, for their…”
Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). “Ott argues that (1) the foreclosure court erred in ordering transfer of the surplus funds to Whitmire’s estate, thereby subjecting his claim to probate, and (2) because his attorney lien, reduced to judgment, had priority under RCW 61.24.080 and RCW 60.40.010. Whitmire’s estate…”
— Wash. Rev. Code § 61.24.080(3) — 17 cases
Boeing Employees' Credit Union v. Burns, 272 P.3d 908 (Wash. Ct. App. 2012). “In sum, each side claimed a superior right to the funds under RCW 61.24.080. ¶10 A court commissioner ruled that “BECU’s deed of trust and promissory note merged when BECU obtained a *270 judgment” on the promissory note.”
In re the Tr.'s Sale of Real Prop. of Giannusa, 169 Wash. App. 904 (Wash. Ct. App. 2012). “100(1), as interpreted by Washington Mutual, precludes a nonforeclosing junior lienholder who purchases the property at the trustee’s sale from seeking the surplus funds.”
Household Fin. Indus. Loan Co. v. Upton, 102 Wash. App. 220 (Wash. Ct. App. 2000). “60 was deposited into the King County Superior Court’s registry, pursuant to Washington’s Deed of Trust Act, RCW 61.24.080. As the holder of a lien for an amount in excess of the amount deposited, and the next lienholder of record on the property, Household petitioned the court…”
Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). “Ott argues that (1) the foreclosure court erred in ordering transfer of the surplus funds to Whitmire’s estate, thereby subjecting his claim to probate, and (2) because his attorney lien, reduced to judgment, had priority under RCW 61.24.080 and RCW 60.40.010. Whitmire’s estate…”
Irwin Concrete, Inc. v. Sun Coast Props., Inc., 653 P.2d 1331 (Wash. Ct. App. 1982). “See RCW 61.24.080(3). 5 His related argument that he was entitled to notice of the sale is clearly without merit.”
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