Revised Code of Washington

Wash. Rev. Code § 61.24.090 (2026)

✓ current as of May 2026

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(1) At any time prior to the eleventh day before the date set by the trustee for the sale in the recorded notice of sale, or in the event the trustee continues the sale pursuant to *RCW 61.24.040(6), at any time prior to the eleventh day before the actual sale, the borrower, grantor, any guarantor, any beneficiary under a subordinate deed of trust, or any person having a subordinate lien or encumbrance of record on the trust property or any part thereof, shall be entitled to cause a discontinuance of the sale proceedings by curing the default or defaults set forth in the notice, which in the case of a default by failure to pay, shall be by paying to the trustee:

(a) The entire amount then due under the terms of the deed of trust and the obligation secured thereby, other than such portion of the principal as would not then be due had no default occurred, and

(b) The expenses actually incurred by the trustee enforcing the terms of the note and deed of trust, including a reasonable trustee's fee, together with the trustee's reasonable attorney's fees, together with costs of recording the notice of discontinuance of notice of trustee's sale.

(2) Any person entitled to cause a discontinuance of the sale proceedings shall have the right, before or after reinstatement, to request any court, excluding a small claims court, for disputes within the jurisdictional limits of that court, to determine the reasonableness of any fees demanded or paid as a condition to reinstatement. The court shall make such determination as it deems appropriate, which may include an award to the prevailing party of its costs and reasonable attorneys' fees, and render judgment accordingly. An action to determine fees shall not forestall any sale or affect its validity.

(3) Upon receipt of such payment the proceedings shall be discontinued, the deed of trust shall be reinstated and the obligation shall remain as though no acceleration had taken place.

(4) In the case of a default which is occasioned by other than failure to make payments, the person or persons causing the said default shall pay the expenses incurred by the trustee and the trustee's fees as set forth in subsection (1)(b) of this section.

(5) Any person having a subordinate lien of record on the trust property and who has cured the default or defaults pursuant to this section shall thereafter have included in his lien all payments made to cure any defaults, including interest thereon at eight percent per annum, payments made for trustees' costs and fees incurred as authorized, and reasonable attorney's fees and costs incurred resulting from any judicial action commenced to enforce his or her rights to advances under this section.

(6) If the default is cured and the obligation and the deed of trust reinstated in the manner provided, the trustee shall properly execute, acknowledge, and cause to be recorded a notice of discontinuance of trustee's sale under that deed of trust. A notice of discontinuance of trustee's sale when so executed and acknowledged is entitled to be recorded and shall be sufficient if it sets forth a record of the deed of trust and the auditor's file number under which the deed of trust is recorded, and a reference to the notice of sale and the auditor's file number under which the notice of sale is recorded, and a notice that the sale is discontinued.

(7) Any payments required under this section as a condition precedent to reinstatement of the deed of trust shall be tendered to the trustee in the form of cash, certified check, cashier's check, money order, or funds received by verified electronic transfer, or any combination thereof.

[ 1998 c 295 s 11; 1987 c 352 s 4; 1981 c 161 s 6; 1975 1st ex.s. c 129 s 5; 1967 c 30 s 4; 1965 c 74 s 9.]

Notes:

*Reviser's note: RCW 61.24.040 was amended by 2018 c 306 s 2, changing subsection (6) to subsection (10).

Notes of Decisions

Cited in 30 cases (3 in the last 5 years), 1983–2025 · leading case: Pacifica L 51 LLC v. New Investments Inc.

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Pacifica L 51 LLC v. New Investments Inc., 840 F.3d 1137 (9th Cir. 2016). · cites it 7× “1 See Wash. Rev. Code Ann. § 61.24.090 (1)(a) (providing that a borrower may cure a monetary default by paying the trustee “[t]he entire amount then due under the terms of the deed of trust and the obligation secured thereby, other than such portion of the principal as would not…”

Albice v. Premier Mortg. Servs. of Washington, Inc., 276 P.3d 1277 (Wash. 2012). · cites it 5× “090(1) by failing to discontinue the sale after they cured default more than 11 days before the actual sale date, and that the recitals contained in the trustee's deed were inadequate under RCW 61.24.040(7). Regarding the recitals, the Court of Appeals agreed with Tecca,…”

Albice v. Premier Mortg. Servs. of Wash., 239 P.3d 1148 (Wash. Ct. App. 2010). · cites it 8× “RCW 61.24.090(1). Upon receipt of such payment, the trustee must discontinue the sale and reinstate the deed of trust.”

Albice v. Premier Mortg. Servs. of Washington, Inc., 157 Wash. App. 912 (Wash. Ct. App. 2010). · cites it 7× “RCW 61.24.090(1). Upon *921 receipt of such payment, the trustee must discontinue the sale and reinstate the deed of trust.”

Meyers Way Dev. Ltd. P'ship v. Univ. Sav. Bank, 910 P.2d 1308 (Wash. Ct. App. 1996). · cites it 4× “RCW 61.24.090 provides, in relevant part: (1) At any time prior to the eleventh day before the date set by the trustee for the sale in the recorded notice of sale .”

Olson Eng'g, Inc. v. KeyBank Nat'l Ass'n, 286 P.3d 390 (Wash. Ct. App. 2012). · cites it 5× “16 RCW 61.24.090(1). Such a junior lienholder “shall thereafter have included in his lien [on the property] all payments made to cure any default[ ].”

4518 S. 256th, LLC v. Karen L. Gibbon, PS, 382 P.3d 1 (Wash. Ct. App. 2016). “Specifically, it relies on RCW 61.24.090, the statute for curing defaults before a deed of trust foreclosure sale.”

Plein v. Lackey, 67 P.3d 1061 (Wash. 2003). “RCW 61.24.090. [5] In this regard, Amicus Curiae Washington Land Title Association is particularly concerned that the stability of land titles is undermined by the Court of Appeals'"implicit[], if not explicit[ holding] that where there is a defense to the note, an interested…”

Plein v. Lackey, 50 U.C.C. Rep. Serv. 2d (West) 234 (Wash. 2003). “RCW 61.24.090. In this regard, Amicus Curiae Washington Land Title Association is particularly concerned that the stability of land titles is undermined by the Court of Appeals’ “implicit]], if not explicit] holding] that where there is a defense to the note, an interested party…”

Mahalko v. Arctic Trading Co., 659 P.2d 502 (Wash. 1983). · cites it 2× “RCW 61.24.090. Both the deed of trust and the mortgage have their respective advantages, but each is a lien for the purposes of RCW 6.”

Washington Mut. v. Fritz (In Re Fritz), 225 B.R. 218 (E.D. Wash. 1998). · cites it 2× “” RCW 61.24.090. 1 . Ms. Fritz does not discuss § 548(a) in the brief quoted above.”

Laffranchi v. Lim, 190 P.3d 97 (Wash. Ct. App. 2008). “, RCW 61.24.090 (procedures for curing default before sale) and RCW 61.”

Show all 30 citing cases →

— Wash. Rev. Code § 61.24.090(1) — 7 cases

Albice v. Premier Mortg. Servs. of Washington, Inc., 276 P.3d 1277 (Wash. 2012). “090(1) by failing to discontinue the sale after they cured default more than 11 days before the actual sale date, and that the recitals contained in the trustee's deed were inadequate under RCW 61.24.040(7). Regarding the recitals, the Court of Appeals agreed with Tecca,…”

Albice v. Premier Mortg. Servs. of Wash., 239 P.3d 1148 (Wash. Ct. App. 2010). “RCW 61.24.090(1). Upon receipt of such payment, the trustee must discontinue the sale and reinstate the deed of trust.”

Albice v. Premier Mortg. Servs. of Washington, Inc., 157 Wash. App. 912 (Wash. Ct. App. 2010). “RCW 61.24.090(1). Upon *921 receipt of such payment, the trustee must discontinue the sale and reinstate the deed of trust.”

Olson Eng'g, Inc. v. KeyBank Nat'l Ass'n, 286 P.3d 390 (Wash. Ct. App. 2012). “16 RCW 61.24.090(1). Such a junior lienholder “shall thereafter have included in his lien [on the property] all payments made to cure any default[ ].”

Centrum Fin. Servs., Inc. v. Union Bank, N.a. (Wash. Ct. App. 2017).

— Wash. Rev. Code § 61.24.090(1)(a) — 4 cases

Meyers Way Dev. Ltd. P'ship v. Univ. Sav. Bank, 910 P.2d 1308 (Wash. Ct. App. 1996). “RCW 61.24.090 provides, in relevant part: (1) At any time prior to the eleventh day before the date set by the trustee for the sale in the recorded notice of sale .”

Douglas Zahn v. Zahn, Llc (Wash. Ct. App. 2018).

— Wash. Rev. Code § 61.24.090(1)(b) — 3 cases

Brian J. Winters & Rebecca L. Winters v. Wells Fargo Bank (Wash. Ct. App. 2019).

— Wash. Rev. Code § 61.24.090(2) — 5 cases

Trudy M. Davis, App. v. Blackstone Corp., Resps. (Wash. Ct. App. 2015).

Christopher E. Larson, Et Ano., V. Snohomish Cnty. (Wash. Ct. App. 2021).

Christopher E. Larson, Et Ano, V. New Century Mortg. (Wash. Ct. App. 2021).

Church of the Gardens v. Quality Loan Servs. Corp. (W.D. Wash. 2025).

Sandra Shelley Jackson, App. v. Quality Loan Serv. Corp. Of Washington, Res. (Wash. Ct. App. 2015).

— Wash. Rev. Code § 61.24.090(3) — 4 cases

Centrum Fin. Servs., Inc. v. Union Bank, N.a. (Wash. Ct. App. 2017).

— Wash. Rev. Code § 61.24.090(5) — 1 case

— Wash. Rev. Code § 61.24.090(l)(a) — 1 case

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