Foreclosure Laws

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Washington Foreclosure Procedure

Judicial Foreclosure Available: Yes

Non-judicial Foreclosure Available: Yes

Non-judicial Foreclosure

Non-judicial foreclosure proceedings are permitted in Washington , provided there is a power of sale clause in the trust deed, and the real property is not used for agricultural purposes. There can be no pending lawsuit for foreclosure at the same time as a non-judicial procedure is attempted. Default must be defined in the trust deed.

Preliminary Notices

Advertising

The trustee must publish the notice of as follows: once between the 32nd and 28th days be sale, and once between the 11th and 7th days before the sale.

Mailing

A written notice of the foreclosure sale must mailed certified mail, return receipt requested, to the b rower at his or her last known address at least 30 days by recording the notice of sale 120 days before foreclosure may be personally served instead.

Recording

At least 90 days before sale, the trustee must record a notice of the foreclosure sale and mail it to anyone with a lien or claim against the property.

Posting

At least 90 days before sale, the trustee must post the foreclosure notice on the premises to be foreclosed.

Cure

The borrower has up to 11 days before the sale to cure the default by paying the past due payments, plus expenses including trustee and attorney fees. Curing the default stops the foreclosure.

Sale Procedures

Time

The time of sale is specified in the notice of sale. It must be not less than 190 days from the date of default.

Postponement

The trustee may postpone the sale.

Manner

The sale is to the highest bidder.

Deficiency

If non-judicial foreclosure is selected by the lender, then it cannot sue for a deficiency judgment. On judicial foreclosure sales, the borrower can be sued for a deficiency, unless the property is found to be abandoned for six months before the decree of foreclosure.

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Washington DC Foreclosure Procedure

Under the District of Columbia Code, Washington , D.C. uses non-judicial foreclosure under a power of sale clause granted in a deed of trust.

Sales Procedures

Normally, a Washington , D.C. deed of trust will state the time periods for notice of the foreclosure sale. If it does not, then the dates may be set by any interested party by going to court and getting a court order to set them.

Preliminary Notices

A notice of sale must be given to the owner of the property at his or her last known address, and furnished to the mayor, or the mayor's agent, at least 30 days before the foreclosure sale. Otherwise, the foreclosure is not valid.

Reinstatement

One time in a given year the debtor may reinstate the loan up to 5 days before the foreclosure sale by paying all sums that are past due on the loan, including late charges and penalties, regardless of whether the loan was accelerated or not.

Sale

The sale will be made by a trustee by public bid.

Redemption

There is no right of redemption after a deed of trust foreclosure sale.

Deficiency

A lawsuit for a deficiency may be brought against the borrower for any amount due on the loan that was left unpaid after the foreclosure sale.

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West Virginia Foreclosure Procedure

Judicial Foreclosure Available:Yes

Non-judicial Foreclosure Available:Yes

Although judicial foreclosure is available for vendor's lien foreclosures. West Virginia uses the deed of trust almost exclusively. Mortgages have largely disappeared. If there is a default under the deed of trust, then the trustee must send out preliminary notices and then sell the property when the lender so requests.

Preliminary Notices Contents

A notice of sale must contain the time and place of the foreclosure sale, the names of the parties to the deed, the date of the deed, recording information, a property description and the terms of the sale.

Advertising

In pre-1980 deeds of trust the buyer may have waived the right to published notice. Later deeds of trust must publish a Class III legal advertisement countywide before the sale at least once a week for four weeks.

Posting

The notice of sale must be posted at least 20 days prior to sale on the front door of the courthouse for the county in which the property to be sold is located, and in three other public places, one of which must be the property to be foreclosed on.

Service

Unless expressly waived in the deed of trust, the borrower must be served with a copy of the notice of foreclosure at least 20 days before the foreclosure sale.

Mailing

Notice of the foreclosure sale should be mailed to the borrower and subordinate lien holders 20 days prior to sale.

Sale Procedures Time and Place

The time and place of sale are specified in the foreclosure notice.

Manner

The sale is completed by public auction to the highest bidder.

Terms

The deed may specify the terms of sale. Otherwise, a buyer may pay one-third in cash at the sale, one-third a year later, and one-third two years from the day of sale.

Report

A report of the sale must be filed with the clerk of the county and recorded.

Deficiency

A lender can maintain a deficiency action only by filing a separate lawsuit. However, if the lawsuit is filed to collect, the deed of trust foreclosure must then be delayed during the lawsuit.

Redemption

There is no right to redeem after a deed of trust sale.

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Wisconsin Foreclosure Procedure

Judicial Foreclosure Available: Yes

Non-judicial Foreclosure Available: Yes

If the mortgage contains a power of sale clause, it may be foreclosed by advertisement in Wisconsin without going through a lawsuit. On the other hand, if there is no power of sale clause, the mortgage must be foreclosed judicially by filing a lawsuit and obtaining a court-ordered sale.

Judicial Foreclosure

The lender may file a lawsuit seeking a court order for foreclosure and/or a deficiency judgment for any money the sale doesn't produce. The court will set the date, time, place and manner of sale. Usually it is conducted by the sheriff. No sale may be made for one year from the date the judgment is entered unless the lender waives the right to a deficiency, in which case the delay is six months, or two months if the property is abandoned. Sales by consent may be earlier.

Foreclosure by Advertisement Preliminary Notices

Contents

The foreclosure notice must specify the names of the borrower and lender, the date the mortgage was recorded, the amount due at the date of the notice, a property description and the time and place of sale.

Recording

The foreclosure notice must be recorded when the foreclosure notice is first published.

Advertising

A foreclosure notice with the time and place of sale must be published once a week for six consecutive weeks in a newspaper published in the county where the real estate is located.

Service

Mailing is not adequate. The foreclosure notice must be served upon the borrower in the same manner that civil process in a lawsuit is served. If the borrower cannot be found, then the notice shall be posted in a conspicuous spot on the mortgaged premises and served on any occupant.

Sale Procedures

Time

The sale takes place between 9 A.M. and sunset.

Place

The sale occurs at the place given in the foreclosure notice.

Manner

The sale shall be at public auction to the highest bidder. The person who normally calls out the sale must be the person appointed for the task in the mortgage, or the sheriff. The sale may be postponed, if necessary. The person making the sale must give the purchaser a certificate, in writing, entitling the buyer to a deed. The certificate must be filed where deeds are recorded. If the property is not redeemed, the person making the sale must execute a deed to the buyer.

Sale Confirmation

Wisconsin law provides a procedure by which a foreclosure sale may be confirmed by court order after it is made.

Redemption

If a sale is confirmed, then there is no right of redemption. Otherwise, there is a one-year right of redemption if the high bid at the foreclosure sale, plus interest, is paid. During such a period, the borrower may also retain possession.

Deficiency

A deficiency judgment is not allowed unless the application for sales confirmation states the lender's intent to seek one. Otherwise, it is a separate portion of any existing legal action, or a separate action altogether. It will not be final until on or after the sale confirmation.

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Wyoming Foreclosure Procedure

Judicial Foreclosure Available: Yes

Non-judicial Foreclosure Available: No

Foreclosure by Advertisement

Wyoming permits the use of a deed of trust which allows foreclosure by advertisement. The deed of trust names a trustee who will conduct the foreclosure.

Preliminary Notices

Advertising

Notice of the foreclosure must be published once a week for four consecutive weeks in the newspaper for the county in which the property is located.

Mailing

Notice must be mailed or delivered to the borrower and the occupant at least ten days before the first publication of ads in the newspapers.

Sale Procedures

Time

The foreclosure sale must take place at public auction between the hours of 9 A.M. and 5 P.M.

Judicial Foreclosure

In judicial foreclosure, the lender forecloses by filing a lawsuit and obtaining a court-ordered sale. There are no prescribed advertising procedures on court-ordered sales, but they are usually advertised. The sheriff usually conducts the sale. The sale takes place between the hours of 10 A.M. and 5 P.M. The sheriff will then issue a certificate of purchase to the high bidder at public auction.

Deficiency A lender may sue for a deficiency if there is a note associated with the mortgage or deed of trust, or it contains a separate covenant to pay.

Redemption

Redemption is permitted.

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