Revised Code of Washington

Wash. Rev. Code § 7.28.230 (2026)

✓ current as of May 2026

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(1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: PROVIDED, That nothing in this section shall be construed as any limitation upon the right of the owner of real property to mortgage, pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or assignee of such rents and profits, or any trustee under a mortgage or trust deed either contemporaneously or upon the happening of a future event of default, from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or his or her successor in interest, for the purpose of collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of such real property and collect such rents and profits thereof for application in accordance with the terms of such mortgage, trust deed, or assignment.

(2) Until paid, the rents and profits of real property constitute real property for the purposes of mortgages, trust deeds, or assignments whether or not said rents and profits have accrued. The provisions of RCW 65.08.070 as now or hereafter amended shall be applicable to such rents and profits, and such rents and profits are excluded from *Article 62A.9 RCW.

(3) The recording of an assignment, mortgage, or pledge of unpaid rents and profits of real property, intended as security, in accordance with RCW 65.08.070, shall immediately perfect the security interest in the assignee, mortgagee, or pledgee and shall not require any further action by the holder of the security interest to be perfected as to any subsequent purchaser, mortgagee, or assignee. Any lien created by such assignment, mortgage, or pledge shall, when recorded, be deemed specific, perfected, and choate even if recorded prior to July 23, 1989.

[ 2011 c 336 s 179; 1991 c 188 s 1; 1989 c 73 s 1; 1969 ex.s. c 122 s 1; Code 1881 s 546; 1877 p 114 s 550; 1869 p 130 s 498; RRS s 804.]

Notes:

*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.

Notes of Decisions

Cited in 44 cases (7 in the last 5 years), 1952–2026 · leading case: Jordan v. Nationstar Mortg., LLC, 374 P.3d 1195 (Wash. 2016).

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Jordan v. Nationstar Mortg., LLC, 374 P.3d 1195 (Wash. 2016). · cites it 12× “¶17 RCW 7.28.230 provides that (1)A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law.”

Jordan v. Nationstar Mortg., LLC, 240 F. Supp. 3d 1114 (E.D. Wash. 2017). · cites it 21× “On July 7, 2016, the Washington Supreme Court determined, among other things, that RCW 7.28.230 prohibits pre-foreclosure residential entry.”

In Re Park at Dash Point L.P., 121 B.R. 850 (Bankr. W.D. Wash. 1990). · cites it 8× “RCW 7.28.230 (1987 ed.) (bracketed labels added to certain clauses for ease of identification below) (the first subparagraph of the amended statute, consisting of the former statute and the new proviso, was numbered subparagraph (1)).”

Kezner v. Landover Corp., 942 P.2d 1003 (Wash. Ct. App. 1997). · cites it 12× “1 We agree with the trial court and hold that the common-law rule which treated an action for past due rent as personal property is derogated by the clear terms of RCW 7.28.230: (1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the…”

Coleman v. Hoffman, 64 P.3d 65 (Wash. Ct. App. 2003). · cites it 5× “First, Anderson Hunter and OCI claim that they owed no duty because RCW 7.28.230 prevents a mortgagee from obtaining possession of a mortgaged premises; and, if a mortgagee was in possession here, the possession was not rightful.”

Coleman v. Hoffman, 115 Wash. App. 853 (Wash. Ct. App. 2003). · cites it 5× “First, Anderson Hunter and OCI claim that they owed no duty because RCW 7.28.230 prevents a mortgagee from obtaining possession of a mortgaged premises; and, if a mortgagee was in possession here, the possession was not rightful.”

Bain v. Metro. Mortg. Grp., Inc., 175 Wash. 2d 83 (Wash. 2012). “¶11 When secured by a deed of trust that grants the trustee the power of sale if the borrower defaults on repaying the underlying obligation, the trustee may usually foreclose the deed of trust and sell the property without judicial supervision.”

Klem v. Washington Mut. Bank, 295 P.3d 1179 (Wash. 2013). “090; RCW 7.28.230(1). ¶27 Quality successfully challenged the jury’s CPA verdict before the Court of Appeals.”

Kendrick v. Davis, 452 P.2d 222 (Wash. 1969). · cites it 4× “RCW 7.28.230; Howard v. Edgren, 62 Wn.2d 884 , 385 P.”

Walker v. Quality Loan Serv. Corp., 176 Wash. App. 294 (Wash. Ct. App. 2013). “090; RCW 7.28.230(1). Bain, 175 Wn.2d at 89 ; former RCW 61.”

OneWest Bank, FSB v. Erickson, 367 P.3d 1063 (Wash. 2016). “”); RCW 7.28.230(1) (“A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law.”

Steinberg v. Crossland Mortg. Corp. ( in Re Park at Dash Point L.P.), 152 B.R. 300 (W.D. Wash. 1991). · cites it 5× “In 1969, the law was amended to provide, in part: Provided, That nothing in this section shall be construed as any limitation upon the right of the owner of real property to mortgage, pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or…”

Show all 44 citing cases →

— Wash. Rev. Code § 7.28.230(1) — 17 cases

Jordan v. Nationstar Mortg., LLC, 374 P.3d 1195 (Wash. 2016). “¶17 RCW 7.28.230 provides that (1)A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law.”

Klem v. Washington Mut. Bank, 295 P.3d 1179 (Wash. 2013). “090; RCW 7.28.230(1). ¶27 Quality successfully challenged the jury’s CPA verdict before the Court of Appeals.”

Walker v. Quality Loan Serv. Corp., 176 Wash. App. 294 (Wash. Ct. App. 2013). “090; RCW 7.28.230(1). Bain, 175 Wn.2d at 89 ; former RCW 61.”

— Wash. Rev. Code § 7.28.230(2) — 4 cases

In Re Park at Dash Point L.P., 121 B.R. 850 (Bankr. W.D. Wash. 1990). “RCW 7.28.230 (1987 ed.) (bracketed labels added to certain clauses for ease of identification below) (the first subparagraph of the amended statute, consisting of the former statute and the new proviso, was numbered subparagraph (1)).”

Kezner v. Landover Corp., 942 P.2d 1003 (Wash. Ct. App. 1997). “1 We agree with the trial court and hold that the common-law rule which treated an action for past due rent as personal property is derogated by the clear terms of RCW 7.28.230: (1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the…”

Washington Fed. Sav. & Loan Ass'n v. McNaughton Grp., 319 P.3d 805 (Wash. Ct. App. 2014).

Wash. Fed. Sav. & Loan Assoc., App. v. The Mcnaughton Grp., Res. (Wash. Ct. App. 2014).

— Wash. Rev. Code § 7.28.230(3) — 6 cases

KING Cnty. DEPT. v. Nw. Defenders Ass'n, 75 P.3d 583 (Wash. Ct. App. 2003).

King Cnty. Dep't of Cmty. & Human Servs. v. Nw. Defenders Ass'n, 118 Wash. App. 117 (Wash. Ct. App. 2003).

Assocs. Hous. Fin. v. Stredwick, 83 P.3d 1032 (Wash. Ct. App. 2004).

Assocs. Hous. Fin. L.L.C. v. Stredwick, 120 Wash. App. 52 (Wash. Ct. App. 2004).

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