Washington Implementation of HB 1362 Begins

Holly Chisa

By Holly Chisa, HPC Advocacy, UTA Washington Lobbyist

The Washington state Legislature adjourned on May 25 with a budget that included no taxes, and no increased fees on the filing of documents by trustees.  However, it did adjourn after passing significant changes to our state’s foreclosure laws.  Now the process begins to implement them.

Recently the UTA sent a letter to the Assistant Director of the Washington Department of Commerce Housing program to learn how they intend to implement HB 1362, the new meet and confer/mediation program that begins July 22.  The Association asked several pointed questions, including how the Department intends to address the issues around how to implement the program for homeowners who are already passed the meet and confer period, but who haven’t yet reached the point of the NOS.

The Department responded with an interest in meeting with UTA members to get our direct input into the process.  They will be contacting our association and other stakeholder groups to draft rules around the new laws.  They also want input on how we would like to proceed with the homes already moving through the foreclosure process, and are genuinely interested in our input.  We are waiting for notice of a meeting, but believe it will take place in mid-June.

Additionally, the Washington Attorney General continues his investigation of trustees in Washington.  Most of his investigation has focused on whether trustees have a physical presence in Washington, as is required under current law, and whether they are ensuring that the foreclosure process is being implemented correctly by the banks.  This scrutiny is expected to increase over the summer, both as his investigation continues, and as the new medication law is put into place.  The UTA has requested additional meetings this summer with AG staff to assist in providing information to the AG about how trustees work, and how the foreclosure process in general moves through a trustee’s office.

While the session has concluded, there is still work to be done with our regulators.  UTA has offered our assistance to these government agencies to help implement the new programs, and ensure that your voice is heard in this process.