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Carlos purchased a home in Vancouver, Washington with a deed of trust. After he defaulted, the lender recorded a Notice of Default on April 1. Carlos cured the default within the 30-day period, but then defaulted again six months later. The lender recorded a second Notice of Default on October 15. Carlos is now asking his broker whether the lender can accelerate the foreclosure timeline since this is a repeat default. Which of the following most accurately reflects Washington law under RCW 61.24?

Correct Answer

D) The lender must follow the same full statutory process for the second default, including the 30-day cure period and the 190-day minimum timeline from the new Notice of Default.

Under RCW 61.24, Washington's non-judicial foreclosure statute does not provide an accelerated or abbreviated process for repeat defaults. Each new default that results in a new Notice of Default triggers the full statutory timeline anew: the borrower receives a fresh 30-day cure period, and the total minimum of 190 days from the new Notice of Default must elapse before the trustee's sale can occur. The prior cured default does not carry over to shorten the new foreclosure timeline.

Answer Options
A
After a second default within 12 months, the lender may reduce the cure period to 15 days and the total timeline to 120 days from the new Notice of Default.
B
The lender may skip the Notice of Default for repeat defaults and proceed directly to issuing a Notice of Trustee's Sale within 30 days.
C
The lender may apply the remaining days from the first foreclosure timeline to the second default, potentially shortening the total process to fewer than 190 days.
D
The lender must follow the same full statutory process for the second default, including the 30-day cure period and the 190-day minimum timeline from the new Notice of Default.

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Related Topics & Key Terms

Key Terms:

repeat_defaultnotice_of_defaultrcw_61_24non_judicial_foreclosurecure_periodexpert_trap

Related Concepts

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

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