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Washington · ForeclosureWashington deficiency after foreclosure: barred after a trustee's sale

Except as the statute allows for deeds of trust securing commercial loans, a deficiency judgment can't be obtained on the obligations secured by a Washington deed of trust against any borrower, grantor or guarantor after a trustee's sale under that deed of trust. The lender can still sue anyone liable on the obligation, or a guarantor, before a notice of trustee's sale is given or after the trustee's sale is discontinued, and that suit doesn't stop it from later foreclosing judicially or by trustee's sale. For a commercial loan executed after June 11, 1998, the statute allows limited claims after a trustee's sale – for example, for waste reducing the property's value when the beneficiary or an affiliate buys at the sale for less than the debt (RCW 61.24.100).

What the statute sets

  1. No deficiency (RCW 61.24.100(1))

    Not against any borrower, grantor or guarantor after a trustee's sale.

  2. Before the sale (RCW 61.24.100(2))

    A suit on the debt is allowed before notice of sale or after the sale is discontinued.

  3. Commercial loans (RCW 61.24.100(3))

    Limited claims, such as for waste, after a sale on a commercial deed of trust.

What the TC does on a Washington short sale or pre-foreclosure listing

  • Ask the seller's lender for a written payoff, or for the short sale approval and whether it waives any deficiency.
  • Record whether the sale is judicial or by trustee – the deficiency rules differ.
  • Calendar the auction date as the outside closing deadline.

Questions about Washington deficiency judgments

Can a Washington lender get a deficiency after a trustee's sale on a home?

No. A deficiency judgment can't be obtained against a borrower, grantor or guarantor after a trustee's sale, except limited commercial-loan cases (RCW 61.24.100(1)).

Can a Washington lender sue on the note instead of foreclosing?

Yes, before giving notice of a trustee's sale or after discontinuing it (RCW 61.24.100(2)).

Related guides

Put the sale date and the cure deadline on the deal as dated tasks in ClosingCode.

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Source: RCW 61.24.100 (app.leg.wa.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.