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

Wash. Rev. Code § 61.24.130 (2025)

Restraint of sale by trustee—Conditions—Notice

✓ laws through the 2025 session: 2026 session laws are not yet included
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale. The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed:
(a) In the case of default in making the periodic payment of principal, interest, and reserves, such sums shall be the periodic payment of principal, interest, and reserves paid to the clerk of the court every thirty days.
(b) In the case of default in making payment of an obligation then fully payable by its terms, such sums shall be the amount of interest accruing monthly on said obligation at the nondefault rate, paid to the clerk of the court every thirty days.
In the case of default in performance of any nonmonetary obligation secured by the deed of trust, the court shall impose such conditions as it deems just.
In addition, the court may condition granting the restraining order or injunction upon the giving of security by the applicant, in such form and amount as the court deems proper, for the payment of such costs and damages, including attorneys' fees, as may be later found by the court to have been incurred or suffered by any party by reason of the restraining order or injunction. The court may consider, upon proper showing, the grantor's equity in the property in determining the amount of said security.
(2) No court may grant a restraining order or injunction to restrain a trustee's sale unless the person seeking the restraint gives five days notice to the trustee of the time when, place where, and the judge before whom the application for the restraining order or injunction is to be made. This notice shall include copies of all pleadings and related documents to be given to the judge. No judge may act upon such application unless it is accompanied by proof, evidenced by return of a sheriff, the sheriff's deputy, or by any person eighteen years of age or over who is competent to be a witness, that the notice has been served on the trustee.
(3) If the restraining order or injunction is dissolved after the date of the trustee's sale set forth in the notice as provided in RCW 61.24.040(2), the court granting such restraining order or injunction, or before whom the order or injunction is returnable, shall, at the request of the trustee, set a new sale date which shall be not less than forty-five days from the date of the order dissolving the restraining order. The trustee shall:
(a) Comply with the requirements of RCW 61.24.040(1) (a) through (e) at least thirty days before the new sale date; and
(b) Cause a copy of the notice of trustee's sale as provided in RCW 61.24.040(2) to be published in a legal newspaper in each county in which the property or any part thereof is situated once between the thirty-fifth and twenty-eighth day before the sale and once between the fourteenth and seventh day before the sale.
(4) If a trustee's sale has been stayed as a result of the filing of a petition in federal bankruptcy court and an order is entered in federal bankruptcy court granting relief from the stay or closing or dismissing the case, or discharging the debtor with the effect of removing the stay, the trustee may set a new sale date which shall not be less than forty-five days after the date of the bankruptcy court's order. The trustee shall:
(a) Comply with the requirements of RCW 61.24.040(1) (a) through (e) at least thirty days before the new sale date; and
(b) Cause a copy of the notice of trustee's sale as provided in RCW 61.24.040(2) to be published in a legal newspaper in each county in which the property or any part thereof is situated, once between the thirty-fifth and twenty-eighth day before the sale and once between the fourteenth and seventh day before the sale.
(5) Subsections (3) and (4) of this section are permissive only and do not prohibit the trustee from proceeding with a trustee's sale following termination of any injunction or stay on any date to which such sale has been properly continued in accordance with RCW 61.24.040(10).
(6) The issuance of a restraining order or injunction shall not prohibit the trustee from continuing the sale as provided in RCW 61.24.040(10).
[ 2018 c 306 s 5; 2008 c 153 s 5; 1998 c 295 s 14; 1987 c 352 s 5; 1981 c 161 s 8; 1975 1st ex.s. c 129 s 6; 1965 c 74 s 13.]
Notes of Decisions
Cited in 120 cases (20 in the last 5 years), 1971–2026 · leading case: Plein v. Lackey, 67 P.3d 1061 (Wash. 2003).
Sort: Relevance Newest Treatment
Plein v. Lackey, 67 P.3d 1061 (Wash. 2003). · cites it 7× “040, and the form it mandates for a notice of trustee's sale, recipients are advised that [a]nyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant…”
Plein v. Lackey, 149 Wash. 2d 214 (2003). · cites it 7× “040, and the form it mandates for a notice of trustee’s sale, recipients are advised that [ajnyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant…”
Bavand v. OneWest Bank, FSB, 309 P.3d 636 (Wash. Ct. App. 2013). · cites it 8× “¶33 First, OneWest and MERS argue that Bavand has waived any claims by failing to properly pursue remedies under the terms of RCW 61.24.130 and RCW 61.24-.127. 37 We disagree.”
Albice v. Premier Mortg. Servs. of Washington, Inc., 276 P.3d 1277 (Wash. 2012). · cites it 6× “Whether, under the circumstances of this case, a borrower waives the right to bring a postsale challenge for failing to utilize the presale remedies under RCW 61.24.130. 3. Whether a bona fide purchaser can prevail despite an otherwise invalid sale.”
Schroeder v. Excelsior Mgmt. Grp., LLC, 297 P.3d 677 (Wash. 2013). · cites it 6× “The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed: (2) No court may grant…”
D. Ryan & Rhonda Patrick v. Wells Fargo, 385 P.3d 165 (Wash. Ct. App. 2016). · cites it 6× “14 ¶14 To further these goals, RCW 61.24.130 provides a procedure for stopping a trustee’s sale.”
CHD, Inc. v. Boyles, 138 Wash. App. 131 (Wash. Ct. App. 2007). · cites it 9× “*134 ¶1 A party waives the right to contest the underlying obligations on property in a foreclosure proceeding when there is no attempt to use the presale remedies in RCW 61.24.130. In re Marriage of Kaseburg, 126 Wn.”
Frizzell v. Murray, 313 P.3d 1171 (Wash. 2013). · cites it 7× “Frizzell received notice and had the opportunity to prevent foreclosure, but through her actions she failed to meet the clear statutory requirements under RCW 61.24.130 and did not actually obtain an order enjoining the sale.”
Bowcutt v. Delta North Star Corp., 976 P.2d 643 (Wash. Ct. App. 1999). · cites it 9× “In this criminal conspiracy civil suit, the court required the homeowners to post a bond pursuant to RCW 61.24.130 as a condition of enjoining a nonjudicial foreclosure.”
Brown v. Household Realty Corp., 146 Wash. App. 157 (Wash. Ct. App. 2008). · cites it 5× “” 2 The statutory notice of trustee’s sale advises each recipient that [a]nyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130.…”
Mellon v. Reg'l Tr. Servs. Corp., 334 P.3d 1120 (Wash. Ct. App. 2014). · cites it 5× “The Mellons contend the court should have either returned the bond to them or instructed IndyMac to apply the bond solely to the loan principal.”
River Stone Holdings NW LLC, V Alice M. Lopez, 395 P.3d 1071 (Wash. Ct. App. 2017). · cites it 3× “Before a court grants a restraining order, it must require as a condition that the applicant pay the sum due on the obligation secured by the deed of trust and the applicant must provide five days’ notice to the trustee of the application and the hearing time.”
Show all 120 citing cases →
Wash. Rev. Code § 61.24.130(1): 54 cases
River Stone Holdings NW LLC, V Alice M. Lopez, 395 P.3d 1071 (Wash. Ct. App. 2017). “Before a court grants a restraining order, it must require as a condition that the applicant pay the sum due on the obligation secured by the deed of trust and the applicant must provide five days’ notice to the trustee of the application and the hearing time.”
Plein v. Lackey, 67 P.3d 1061 (Wash. 2003). “040, and the form it mandates for a notice of trustee's sale, recipients are advised that [a]nyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant…”
Plein v. Lackey, 149 Wash. 2d 214 (2003). “040, and the form it mandates for a notice of trustee’s sale, recipients are advised that [ajnyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant…”
Bavand v. OneWest Bank, FSB, 309 P.3d 636 (Wash. Ct. App. 2013). “¶33 First, OneWest and MERS argue that Bavand has waived any claims by failing to properly pursue remedies under the terms of RCW 61.24.130 and RCW 61.24-.127. 37 We disagree.”
Andrews v. Countrywide Bank, NA, 95 F. Supp. 3d 1298 (W.D. Wash. 2015).
Wash. Rev. Code § 61.24.130(1)(a): 2 cases
Mellon v. Reg'l Tr. Servs. Corp., 334 P.3d 1120 (Wash. Ct. App. 2014). “The Mellons contend the court should have either returned the bond to them or instructed IndyMac to apply the bond solely to the loan principal.”
Spencer Alpert v. Cal-W. Reconveyance Corp. Of Wa, No. 79747-6 (Wash. Ct. App. Apr. 27, 2020).
Wash. Rev. Code § 61.24.130(1)(b): 1 case
Matthew N. Ortega v. Mortg. Elec. Reg. Sys., No. 69652-1 (Wash. Ct. App. Feb. 18, 2014).
Wash. Rev. Code § 61.24.130(2): 17 cases
Schroeder v. Excelsior Mgmt. Grp., LLC, 297 P.3d 677 (Wash. 2013). “The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed: (2) No court may grant…”
Albice v. Premier Mortg. Servs. of Washington, Inc., 276 P.3d 1277 (Wash. 2012). “Whether, under the circumstances of this case, a borrower waives the right to bring a postsale challenge for failing to utilize the presale remedies under RCW 61.24.130. 3. Whether a bona fide purchaser can prevail despite an otherwise invalid sale.”
William Leahy v. Quality Loan Serv. Corp, 359 P.3d 805 (Wash. Ct. App. 2015).
Bavand v. OneWest Bank, FSB, 309 P.3d 636 (Wash. Ct. App. 2013). “¶33 First, OneWest and MERS argue that Bavand has waived any claims by failing to properly pursue remedies under the terms of RCW 61.24.130 and RCW 61.24-.127. 37 We disagree.”
D. Ryan & Rhonda Patrick v. Wells Fargo, 385 P.3d 165 (Wash. Ct. App. 2016). “14 ¶14 To further these goals, RCW 61.24.130 provides a procedure for stopping a trustee’s sale.”
Wash. Rev. Code § 61.24.130(3): 4 cases
McDonald v. Onewest Bank, FSB, 929 F. Supp. 2d 1079 (W.D. Wash. 2013).
Carlson v. Gibraltar Sav., 749 P.2d 697 (Wash. Ct. App. 1988).
Rajbir Singh v. Fed. Nat'l Mortg. Ass'n, No. 76227-3 (Wash. Ct. App. Apr. 23, 2018).
Lyall v. Bank of Am., No. 2:19-cv-01506 (W.D. Wash. Mar. 20, 2020).
Wash. Rev. Code § 61.24.130(4): 8 cases
Meyers Way Dev. Ltd. P'ship v. Univ. Sav. Bank, 910 P.2d 1308 (Wash. Ct. App. 1996).
Country Express Stores, Inc. v. Sims, 943 P.2d 374 (Wash. Ct. App. 1997).
Watson v. Nw. Tr. Servs., Inc., 321 P.3d 262 (Wash. Ct. App. 2014).
Fritz v. Washington Mut. (In Re Fritz), 188 B.R. 438 (Bankr. E.D. Wash. 1995).
Rajbir Singh v. Fed. Nat'l Mortg. Ass'n, No. 76227-3 (Wash. Ct. App. Apr. 23, 2018).
Wash. Rev. Code § 61.24.130(4)(a): 1 case
John Reisinger v. Deutsche Bank Nat'l Trust Co., No. 69867-2 (Wash. Ct. App. Apr. 29, 2013).
Wash. Rev. Code § 61.24.130(4)(b): 1 case
John Reisinger v. Deutsche Bank Nat'l Trust Co., No. 69867-2 (Wash. Ct. App. Apr. 29, 2013).
Wash. Rev. Code § 61.24.130(5): 3 cases
Rajbir Singh v. Fed. Nat'l Mortg. Ass'n, No. 76227-3 (Wash. Ct. App. Apr. 23, 2018).
Daniel J. Watson v. Nw. Tr. Servs., No. 69352-2 (Wash. Ct. App. Jan. 21, 2014).
Daniel J. Watson v. Nw. Tr. Servs., No. 69352-2 (Wash. Ct. App. Jan. 21, 2014).
Wash. Rev. Code § 61.24.130(8)(j): 2 cases
Church of the Gardens v. Quality Loan Servs. Corp., No. 3:23-cv-06193 (W.D. Wash. Sept. 2, 2025).
Sandra Shelley Jackson v. Quality Loan Serv. Corp. Of Washington, Res., No. 72016-3 (Wash. Ct. App. Apr. 6, 2015).
Wash. Rev. Code § 61.24.130(l)(b): 1 case
Cronkhite v. Kemp, 741 F. Supp. 822 (E.D. Wash. 1989).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.