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                                                   SENATE BILL NO. 6396

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                                                                            C 111 L 90

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Nelson, Talmadge and Newhouse

Read first time 1/12/90 and referred to Committee on  Law & Justice.

AN ACT Relating to deeds of trust; and amending RCW 61.24.030 and 61.24.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 74, Laws of 1965 as last amended by section 2, chapter 352, Laws of 1987 and RCW 61.24.030 are each amended to read as follows:

          It shall be requisite, to foreclosure under this chapter:

          (1) That the deed of trust contains a power of sale;

          (2) That the deed of trust provides in its terms that the real property conveyed is not used principally for agricultural or farming purposes;

          (3) That a default has occurred in the obligation secured or a covenant of the grantor, which by the terms of the deed of trust makes operative the power to sell;

          (4) That no action commenced by the beneficiary of the deed of trust or the beneficiary's successor is now pending to seek satisfaction of an obligation secured by the deed of trust in any court by reason of the grantor's default on the obligation secured:  PROVIDED, That (a) the seeking of the appointment of a receiver shall not constitute an action for purposes of this chapter; and (b) if a receiver is appointed, the grantor shall be entitled to any rents or profits derived from property subject to a homestead as defined in RCW ((6.12.010)) 6.13.010.  If the deed of trust was not granted to secure an obligation incurred primarily for personal, family, or household purposes, this subsection shall not apply to actions brought to enforce any other lien or security interest granted to secure the obligation secured by the deed of trust being foreclosed;

          (5) That the deed of trust has been recorded in each county in which the land or some part thereof is situated; and

          (6) That at least thirty days before notice of sale shall be recorded, transmitted or served, written notice of default shall be transmitted by the beneficiary or trustee to the grantor or any successor in interest at his last known address by both first class and either registered or certified mail, return receipt requested, and the beneficiary or trustee shall cause to be posted in a conspicuous place on said premises, a copy of said notice, or personally served on the grantor or his successor in interest.  This notice shall contain the following information:

          (a) A description of the property which is then subject to the deed of trust;

          (b) The book and the page of the book of records wherein the deed of trust is recorded;

          (c) That the beneficiary has declared the grantor or any successor in interest to be in default, and a concise statement of the default alleged;

          (d) An itemized account of the amount or amounts in arrears if the default alleged is failure to make payments;

          (e) An itemized account of all other specific charges, costs or fees that the grantor is or may be obliged to pay to reinstate the deed of trust before the recording of the notice of sale;

          (f) The total of subparagraphs (d) and (e) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale;

          (g) That failure to cure said alleged default within thirty days of the date of mailing of the notice, or if personally served, within thirty days of the date of personal service thereof, may lead to recordation, transmittal and publication of a notice of sale, and that the property described in subparagraph (a) of this subsection may be sold at public auction at a date no less than one hundred twenty days in the future;

          (h) That the effect of the recordation, transmittal and publication of a notice of sale will be to (i) increase the costs and fees and (ii) publicize the default and advertise the grantor's property for sale;

          (i) That the effect of the sale of the grantor's property by the trustee will be to deprive the grantor or his successor in interest and all those who hold by, through or under him of all their interest in the property described in subsection (a);

          (j) That the grantor or any successor in interest has recourse to the courts pursuant to RCW 61.24.130 to contest the alleged default on any proper ground.

        Sec. 2.  Section 10, chapter 74, Laws of 1965 and RCW 61.24.100 are each amended to read as follows:

          Foreclosure, as in this chapter provided, shall satisfy the obligation secured by the deed of trust foreclosed, regardless of the sale price or fair value, and no deficiency decree or other judgment shall thereafter be obtained on such obligation, except that if such obligation was not incurred primarily for personal, family, or household purposes, such foreclosure shall not preclude any judicial or nonjudicial foreclosure of any other deeds of trust, mortgages, security agreements, or other security interests or liens covering any real or personal property granted to secure such obligation.  Where foreclosure is not made under this chapter, the beneficiary shall not be precluded from enforcing the security as a mortgage nor from enforcing the obligation by any means provided by law.

                                                                                                                        Passed the Senate February 6, 1990.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House March 2, 1990.

                                                                                                                                         Speaker of the House.