Wash. Rev. Code » Title 7 · Chapter 7.28

Wash. Rev. Code § 7.28.300

Quieting title against outlawed mortgage or deed of trust

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The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations, and, upon proof sufficient to satisfy the court, may have judgment quieting title against such a lien.
[ 1998 c 295 s 17; 1937 c 124 s 1; RRS s 785-1.]

Notes:

Limitation of actions, generally: Chapter 4.16 RCW.
Real estate mortgages, foreclosure: Chapter 61.12 RCW.
Notes of Decisions
Cited in 38 cases (15 in the last 5 years), 1992–2025 · leading case: Washington Federal, National Ass'n v. Azure Chelan LLC
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Washington Federal, National Ass'n v. Azure Chelan LLC (2016) washctapp · cites it 19× “Four *651 months later it subsequently amended its complaint to raise RCW 7.28.300, arguing that the statute of limitations had run on Azure’s note.”
Westar Funding, Inc. v. Sorrels (2010) washctapp · cites it 8× “040 (1989) governs the statute of limitations on promissory notes and deeds of trust.”
Westar Funding, Inc. v. Sorrels (2010) washctapp · cites it 8× “That *785 statute imposes a six-year limitation for “[a]n action upon a contract in writing, or liability express or implied arising out of a written agreement.”
Jordan v. Bergsma (1992) washctapp · cites it 5× “Jordan points out that RCW 7.28.300 8 allows a mortgagor to quiet title to property against a mortgagee when the statute of limitations has run on the debt secured by the mortgage.”
Saody Eng, V. Specialized Loan Servicing, Llc (2021) washctapp · cites it 2× “2d 1176 (1995); RCW 7.28.300. 41 Wash. Court of Appeals oral argument, Eng v.”
Cedar W. Owners Ass'n v. Nationstar Mortg., LLC (2019) washctapp “RCW 7.28.300 provides: The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations.”
Walcker v. Benson and McLaughlin, PS (1995) washctapp · cites it 3× “At least for mortgages, the Washington Legislature has abandoned this common law rule in RCW 7.28.300, which provides: Quieting title against outlawed mortgage.”
Bank of New York v. Hooper (2011) washctapp · cites it 5× “300, the record owner of a property may request property title be quieted against a deed of trust on that real estate: The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to…”
Terhune v. N. Cascade Tr. Servs., Inc. (2019) washctapp “" ¶32 Here, the Terhunes defaulted on their promissory note in February 2009, but the foreclosure proceedings at issue here were not initiated until October 2016.”
Bank of New York v. Hooper (2011) washctapp · cites it 6× “300, the record owner of a property may request property title be quieted against a deed of trust on that real estate: The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to…”
Smith v. Bank of New York Mellon (2020) wawd · cites it 6× “2010); Wash. Rev. Code § 7.28.300 . The statute provides: 5 The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such 6 mortgage or deed of trust would be barred by…”
Lysyy v. Deutsche Bank National Trust Company (2025) wawd · cites it 4× “) In response, 8 Plaintiffs assert that they may maintain a quiet title action under RCW 7.28.300 because 9 foreclosure on the Property is barred by the statute of limitations.”
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