The Washington Foreclosure Fairness Act & mediation
Washington lets eligible homeowners be referred to mediation with their servicer — which pauses the sale. Here's who qualifies, the deadline, and how to start.
Washington's Foreclosure Fairness Act & mediation
Washington has one of the stronger homeowner-protection laws in the country: the Foreclosure Fairness Act. Its centerpiece is mediation — a structured meeting where you and your loan servicer, with a neutral mediator, try to work out an alternative to foreclosure. Here's how it works and whether you qualify.
What mediation is
In mediation, your servicer must come to the table, share documents, and consider alternatives like a loan modification — in good faith. Crucially, once you're referred to mediation, the trustee's sale is paused while the process plays out.
Who qualifies, and the key deadline
- It's for owner-occupied homes of one to four units.
- You can't refer yourself — the referral must come from a housing counselor or an attorney (RCW 61.24.163).
- The referral generally has to happen no later than 90 days before the sale date (or within a shorter window if a 45-day amended notice was issued). Don't wait.
How to start
- Contact a HUD-approved housing counselor (free) at 1-877-894-HOME, or a foreclosure attorney.
- Ask them to refer you to mediation under the Foreclosure Fairness Act.
- Gather your financials so the servicer can evaluate a modification.
- Attend mediation — the sale stays paused while you work toward a resolution.
Mediation is a great tool when you want to keep the home and a modification is realistic. If it isn't, selling before the sale is usually the better protection for your credit and equity — and we can help with that, free. Learn more from the WA Department of Commerce.
Foreclosure mediation — FAQ
What is the Foreclosure Fairness Act in Washington?
A state law that lets eligible owner-occupants be referred to mediation with their loan servicer to try to work out an alternative to foreclosure. The referral pauses the sale.
How do I get into foreclosure mediation?
A housing counselor or attorney must refer you — you can't refer yourself — generally no later than 90 days before the sale. Start by calling 1-877-894-HOME.
Does mediation stop my foreclosure sale?
Being referred to mediation pauses the trustee's sale while the process happens. It doesn't guarantee an outcome, but it buys time and a real conversation with your servicer.
What if mediation doesn't work?
If you can't reach a workable modification, selling before the sale protects your credit and equity. We can help you sell quickly if it comes to that.
Not sure if mediation or selling is right?
We'll help you weigh both, honestly and free.