WAS LEG Foreclosure Mediation Program

Updated on: Jun 10, 2025

Latest Event


  • May 2025 WAS LEG Governor Approval
  • On May 20, 2025, WAS LEG reported governor signed bill, assigned Chapter 393.
  • Document dated May 20, 2025, was added on Jun. 10, 2025, due to editorial backfill.

On Apr. 27, WAS LEG reported bill on foreclosure mediation program.

  • WAS LEG passed SB 5686 expanding and funding the foreclosure mediation program.
  • Amended Revised code of Washington WAS LEG 61.24.005, WAS LEG 61.24.163, WAS LEG 61.24.165, WAS LEG 61.24.172, WAS LEG 64.32.200, WAS LEG 64.34.3.364.
  • Legislative Provisions
  • Beginning Jan. 1, 2026, foreclosure mediation program expanded to allow unit owners in associations who are, become delinquent on assessments contact housing counselor.
  • Bill requires housing counselor, attorney to cause the unit owner, association to meet; provides procedures for deed, trust foreclosures, delinquent assessment foreclosures.
  • Association must provide to mediator, unit owner documents, itemized ledger for prior 12 months, all association liens against property, association declarations, bylaws.
  • After receipt of documents, unit owner must provide association documents, evidence of unit owner payments not reflected in association ledger, statement of hardship.
  • Require notice of delinquency be mailed to unit no later than 30 days after past due.
  • Revised enforcement process to require the association to wait 15 days after providing notice before taking other actions to collect or charge any collection-related costs.
  • Commerce Report
  • Beginning Dec. 1, 2026, Dept of Commerce report to Legislature on performance.
  • Commerce must make information, resources regarding common interest community foreclosures and related foreclosure programs and resources publicly available online.
  • Bill added to statutory common interest communities notice of delinquency sample form info about housing counselor meet, confer, referral to mediation processes.
  • Foreclosure Fairness Account
  • A foreclosure prevention fee of $80 must be assessed for residential mortgage loan originated within, outside State of Washington, related to property within Washington.
  • Excepting only reverse mortgage loans issued to seniors over age of 61, remitted time of closing by escrow agent, other settlement, closing agent processing loan into FFA.
  • May be financed in loan, from loan proceeds, borrower cash contribution at closing.
  • Commerce is required by Dec. 31, 2025, to report to the appropriate committees of the Legislature on the number and amounts received from the notice of default fee.
  • The foreclosure prevention fee remitted to the foreclosure fairness account for revenue collected from Jul. 1, 2025, through Nov. 30, 2025, and then annually thereafter.
  • Legislative History
  • On Feb. 6, 2024, bill introduced into Senate; on Mar. 7, 2025, bill passed the Senate.
  • On Mar. 9, 2025, bill introduced into House; on Apr. 23, 2025, bill passed the House.
  • On Apr. 24, 2025, Senate concurred; on Apr. 27, 2025, bill delivered to the governor.
  • Effectiveness
  • Effective Jul. 27, except S. 1-4 and 11-14 effective Jan. 1, 2026; S. 5-7 Jan. 1, 2028.
  • Sections 1, 2, 4, 11 through 13, and 15 through 17 of this act expire Jan. 1, 2028.
  • May 2025 WAS LEG Governor Approval
  • On May 20, 2025, WAS LEG reported governor signed bill, assigned Chapter 393.
  • Document dated May 20, 2025, was added on Jun. 10, 2025, due to editorial backfill.
Regulators
WAS LEG
Entity Types
Bank; CNSM; MG Orig; Servicer
Reference
Ch. 393, 5/20/2025; Bill, SB5686, 4/27/2025; Citation: *WAS LEG* 61.24.005, 61.24.163, 61.24.165, 61.24.172, 64.32.200, 64.34.3.364;
Functions
Compliance; Legal; Reporting
Countries
United States of America
Category
State
N/A
Products
Banking; Loan; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Apr 27, 2025
Effective Date
Jul 27, 2025
Rule ID
252837
Linked to
N/A
Reg. Last Update
May 20, 2025
Report Section
US Banking