Contact Spokane's Top Lawyers to Stop Home Foreclosure

Small things can easily lead to missed mortgage o property tax payments. Maybe you had an unexpected expense like a medical bill; maybe your boss cut your hours at work, reducing your income; or perhaps the rising costs just got ahead of you. Suddenly, you're behind on your payments and desperately trying to catch up, getting hit with fees and fines that only exacerbate the situation. Before you know it, you get a legal Notice of Foreclosure, and you are at risk of losing your house.

For over 30 years, our Washington state attorneys have worked with homeowners just like you. We know how quickly even the most responsible person's finances can spiral out of control and how lenders take advantage of innocent people during these challenging times. This is why you can work with us to fight foreclosure. We'll review your financial situation, determine if the foreclosure is legitimate, and make a plan to get you out of debt.

No matter why you are facing foreclosure, we're here to help. Call our attorneys now for a free consultation to learn your legal options when facing a Washington foreclosure.

Why Did I Receive a Foreclosure Notice?

You received a foreclosure notice because your lender or the Spokane County Treasurer's Office has begun the legal process to reclaim your home. In Washington, foreclosure can be judicial (involving court) or non-judicial (outside of court, which is more common in Spokane), depending on your mortgage agreement terms. Home foreclosure happens when you do not meet certain financial obligations related to your property. Some of the most common reasons are:

1. Missed Mortgage Payments: The most common reason for home foreclosure is falling behind on monthly mortgage payments. Depending on your mortgage agreement, even missing one payment can initiate foreclosure proceedings.
2. Breach of Loan Terms: Violating other loan agreement terms, such as failing to maintain homeowner's insurance, could trigger foreclosure.
3. Adjustable Rate Mortgage (ARM) Changes: If you have an ARM, rising interest rates could cause your monthly payments to increase, making them unaffordable.
4. Taxes: Failure to pay property taxes for three years can trigger a home foreclosure.
5. Homeowners' Association (HOA): Failure to pay HOA dues could lead to foreclosure, even when your mortgage is current.

Most lenders provide a grace period to catch up on payments or explore alternatives, like loan modifications or forbearance. If you do not resolve your home foreclosure, the lender could sell your property at auction, potentially leaving you without a place to live and owing additional money if the sale doesn't cover your total mortgage balance.

What Happens During a Spokane Home Foreclosure?

In Spokane, home foreclosure typically follows the non-judicial foreclosure process, as specified by Washington state law under RCW 61.24, the Deeds of Trust Act. Here is how the legal procedure works:

1. You Do Not Meet Your Financial Obligations: Foreclosure proceedings begin when you default on your mortgage obligations, which could include missing a set number of mortgage payments or failing to pay property taxes (if your lender is not handling the taxes through escrow).
2. Your Lender Sends A Notice Of Default: Once you miss payments, your lender (or loan servicer) sends a legal Notice of Default informing you of the default and requesting payment. This document begins the foreclosure process. It usually gives you 30 days to cure the default, or the lender may proceed with further actions.
3. Your Lender Sends A Notice Of Trustee's Sale: If you are unable or unwilling to cure the default within the allotted time, your lender (or trustee) will issue a Notice of Trustee's Sale from the Spokane County Auditor's Office. This is a formal notice that the lender intends to sell your property.
4. Spokane County Issues A Public Notice: As required by law, the Notice of Trustee's Sale will also be published in a local newspaper for a minimum of 3 consecutive weeks to notify the public of the upcoming sale.
5. The Spokane County Trustee's Sale (Auction) Begins: The Spokane trustee will schedule a public auction to sell your home. The date of the sale must be at least 190 days from the recording of the Notice of Trustee's Sale.
6. The Lenders Sells Your Home At Public Auction: The trustee sells your house to the highest bidder, who must be able to pay immediately, usually in cash or certified funds. You will no longer own the property once the sale is complete.
7. The Court Issues A Deficiency Judgment: If the sale of your property is less than the outstanding mortgage debt, your lender may pursue a deficiency judgment, but only if the sale was judicial.
8. The Post-Sale Redemption Period Begins: Washington is a non-recourse state, which means there is no right to redeem the property after the sale. After the sale at the auction, you are no longer the legal owner of the property, and the new owner of the house takes possession immediately. However, you may be able to negotiate with the buyer for a delayed move-out, depending on their preferences.
9. You Will Move Out Of Your Home: If you remain in the property after the sale, the new owner (or the lender if they take back possession) can initiate an unlawful detainer action (eviction). They will file the eviction through Spokane County District Court, and a process server will issue a summons and complaint, allowing you a brief period to vacate the property. If you do not voluntarily leave, a judge will issue an eviction order, and then law enforcement will physically remove you from the property. This process can take several weeks to complete after the foreclosure sale.
10. You May Face A Deficiency Judgment: If the property sale does not cover your outstanding balance, your lender may seek a deficiency judgment for the remaining balance. However, this only applies in certain circumstances, such as if the foreclosure was judicial rather than non-judicial. If the judge issues a deficiency judgment, you could be responsible for paying the remaining debt, potentially through wage garnishment or other collection methods. Certain types of loans, such as non-recourse loans (most common in Spokane), do not allow the lender to pursue a deficiency judgment. In these cases, you would not be liable for the remaining balance if the sale proceeds were insufficient to cover the debt.
11. The Foreclosure Goes On Your Credit Report: Foreclosure will be reported on your credit report, significantly impacting your credit score. It stays on your record for up to 7 years, making it more difficult to obtain future credit, including loans, mortgages, or even rental agreements.

The foreclosure process is legally complex and very stressful. Therefore, you must speak to our qualified home foreclosure attorneys now. We know Washington's foreclosure laws inside and out, so you can count on us to help you protect your home and your financial future.

How Can I Stop Home Foreclosure?

If you're facing home foreclosure in Spokane County, call our attorneys immediately. They will protect your rights, negotiate with lenders, and explore alternatives to losing your home. Some of the options they’ll explore to stop or delay foreclosure are:

• Loan Modification: Our attorneys might negotiate with your lender to modify your mortgage terms. Loan modifications often make payments more affordable.
• Forbearance: Forbearance allows you to suspend or reduce mortgage payments temporarily. During this period, you will have time to catch up.
• Short Sale: If keeping your home is not financially feasible, your attorney may explore a short sale. Short sales allow you to sell the property for less than what you owe to avoid foreclosure.
• Bankruptcy: Filing for bankruptcy in Spokane triggers an automatic stay, which temporarily halts the foreclosure process and gives you time to reorganize your finances.
• Deed In Lieu Of Foreclosure: You might be able to voluntarily transfer ownership of your house back to your mortgage lender to avoid the damaging foreclosure process.

You have options when facing foreclosure, but you must act fast. The sooner you contact our home foreclosure attorneys, the more legal debt relief options we can explore.

Get Help From Spokane's Best Home Foreclosure Attorneys

With lower housing costs than other Washington cities, Spokane is the perfect place to purchase a home. Whether you fix up an old Victorian house in Brown's Addition, settle into a cozy Craftsman Bungalow in West Central, or raise a family in a classic ranch-style home in Spokane Northwest, you'll find something you love. Further, with highly rated schools like Prairie View Elementary School, a thriving economy with low unemployment, and lots of natural beauty like the breathtaking Spokane Falls, it's the perfect place to live.

In a city with so much to offer, we understand the imperative to keep your Spokane house. Getting a foreclosure notice may make you feel like you have nowhere to turn. But you do. Just down the street at our Spokane bankruptcy law offices are home foreclosure legal experts ready to help you. We'll review your case, explore all your legal debt relief options, and, in most cases, halt the foreclosure so you keep your Spokane home.

If you're worried about losing your home in Spokane County, don't fret. Call our home foreclosure attorneys now to schedule your free legal debt relief consultation.

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