Revised Code of Washington

Wash. Rev. Code § 61.30.040 (2026)

✓ current as of May 2026

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(1) The required notices shall be given to each purchaser last known to the seller or the seller's agent or attorney giving the notice and to each person who, at the time the notice of intent to forfeit is recorded, is the last holder of record of a purchaser's interest. Failure to comply with this subsection in any material respect shall render any purported forfeiture based upon the required notices void.

(2) The required notices shall also be given to each of the following persons whose interest the seller desires to forfeit if the default is not cured:

(a) The holders and claimants of record at the time the notice of intent to forfeit is recorded of any interests in or liens upon all or any portion of the property derived through the purchaser or which are otherwise subordinate to the seller's interest in the property; and

(b) All persons occupying the property at the time the notice of intent to forfeit is recorded and whose identities are reasonably discoverable by the seller.

Any forfeiture based upon the required notices shall be void as to each person described in this subsection (2) to whom the notices are not given in accordance with this chapter in any material respect.

(3) The required notices shall also be given to each person who at the time the notice of intent to forfeit is recorded has recorded in each county in which any of the property is located a request to receive the required notices, which request (a) identifies the contract being forfeited by reference to its date, the original parties thereto, and a legal description of the property; (b) contains the name and address for notice of the person making the request; and (c) is executed and acknowledged by the requesting person.

(4) Except as otherwise provided in the contract or other agreement with the seller and except as otherwise provided in this section, the seller shall not be required to give any required notice to any person whose interest in the property is not of record or if such interest is first acquired after the time the notice of intent to forfeit is recorded. Subject to subsection (5) of this section, all such persons hold their interest subject to the potential forfeiture described in the recorded notice of intent to forfeit and shall be bound by any forfeiture made pursuant thereto as permitted in this chapter as if the required notices were given to them.

(5) Before the commencement of the time for cure, the notice of intent to forfeit shall be recorded in each county in which any of the property is located. The notice of intent to forfeit shall become ineffective for all purposes one year after the expiration of the time for cure stated in such notice or in any recorded extension thereof executed by the seller or the seller's agent or attorney unless, prior to the end of that year, the declaration of forfeiture based on such notice or a lis pendens incident to an action under this chapter is recorded. The time for cure may not be extended in increments of more than one year each, and extensions stated to be for more than one year or for an unstated or indefinite period shall be deemed to be for one year for the purposes of this subsection. Recording a lis pendens when a notice of intent to forfeit is effective shall cause such notice to continue in effect until the later of one year after the expiration of the time for cure or thirty days after final disposition of the action evidenced by the lis pendens.

(6) The declaration of forfeiture shall be recorded in each county in which any of the property is located after the time for cure has expired without the default having been cured.

[ 1988 c 86 s 4; 1985 c 237 s 4.]

Notes of Decisions

Cited in 8 cases, 1988–2006 · leading case: Schultz v. Werelius, 803 P.2d 1334 (Wash. Ct. App. 1991).

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Schultz v. Werelius, 803 P.2d 1334 (Wash. Ct. App. 1991). · cites it 4× “It follows that substantial compliance by one claiming a purchaser's interest includes notifying the seller of that interest, either by personal notice or recording because, consistent with the general theme permeating real estate law, the vendor's obligations depend upon such…”

Mony Life Ins. v. Cissne Fam., L.L.C., 148 P.3d 1065 (Wash. Ct. App. 2006). “040, or after notice of forfeiture has been given under RCW 61.30.040, on application of any person, when the interest in the property that is the subject of foreclosure or forfeiture of the person seeking the receiver’s appointment is determined to be probable and either: (i)…”

Galladora v. Richter, 764 P.2d 647 (Wash. Ct. App. 1988). · cites it 2× “See former RCW 61.30.040(1). 5 Former RCW 61.30.050: "Notices—Form—Method of service.”

Hauf v. Johnston, 21 P.3d 325 (Wash. Ct. App. 2001). · cites it 3× “" RCW 61.30.040(2)(a). Ronald Hauf obtained a money judgment against Joseph and Jane Doe Burglin in March 1997 and recorded it in December 1997.”

Hauf v. Johnston, 105 Wash. App. 807 (Wash. Ct. App. 2001). · cites it 2× “” RCW 61.30.040(2)(a). Mr. Johnston points out that the Act also specifies that “[t]his chapter shall not be construed as prohibiting or limiting any remedy which is not governed or restricted by this chapter and which is otherwise available to the seller or the purchaser.”

Kofmehl v. Steelman, 816 P.2d 1258 (Wash. Ct. App. 1991). “The notice of intent here was served and recorded as required by RCW 61.30.040(5), but a declaration of forfeiture was not signed, served or recorded.”

North Coast Mortg. Inv., Inc. v. Dunning, 813 P.2d 1254 (Wash. Ct. App. 1991). · cites it 3× “090(2) provides in relevant part: All persons described in RCW 61.30.040 (1) and (2), regardless of whether given the notice of intent to forfeit, and any guarantor of or any surety for the purchaser's performance may cure the default.”

Arnold v. Moore, 980 P.2d 291 (Wash. Ct. App. 1999). “RCW 61.30.040(1). Id. RCW 61.30.140(2). This is self-evident in the first sentence, which states that “the term ‘purchaser’ means the person denominated in a real estate contract.”

— Wash. Rev. Code § 61.30.040(1) — 4 cases

Schultz v. Werelius, 803 P.2d 1334 (Wash. Ct. App. 1991). “It follows that substantial compliance by one claiming a purchaser's interest includes notifying the seller of that interest, either by personal notice or recording because, consistent with the general theme permeating real estate law, the vendor's obligations depend upon such…”

Galladora v. Richter, 764 P.2d 647 (Wash. Ct. App. 1988). “See former RCW 61.30.040(1). 5 Former RCW 61.30.050: "Notices—Form—Method of service.”

North Coast Mortg. Inv., Inc. v. Dunning, 813 P.2d 1254 (Wash. Ct. App. 1991). “090(2) provides in relevant part: All persons described in RCW 61.30.040 (1) and (2), regardless of whether given the notice of intent to forfeit, and any guarantor of or any surety for the purchaser's performance may cure the default.”

— Wash. Rev. Code § 61.30.040(2) — 2 cases

Galladora v. Richter, 764 P.2d 647 (Wash. Ct. App. 1988). “See former RCW 61.30.040(1). 5 Former RCW 61.30.050: "Notices—Form—Method of service.”

— Wash. Rev. Code § 61.30.040(2)(a) — 2 cases

Hauf v. Johnston, 21 P.3d 325 (Wash. Ct. App. 2001). “" RCW 61.30.040(2)(a). Ronald Hauf obtained a money judgment against Joseph and Jane Doe Burglin in March 1997 and recorded it in December 1997.”

Hauf v. Johnston, 105 Wash. App. 807 (Wash. Ct. App. 2001). “” RCW 61.30.040(2)(a). Mr. Johnston points out that the Act also specifies that “[t]his chapter shall not be construed as prohibiting or limiting any remedy which is not governed or restricted by this chapter and which is otherwise available to the seller or the purchaser.”

— Wash. Rev. Code § 61.30.040(5) — 1 case

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