Washington House Bill 1349 was signed by the Governor on May 1, 2023. As previously reported, the Bill contains several provisions aimed at providing greater protections for borrowers and successors in interest in the non-judicial foreclosure process. Some of these provisions became effective immediately as of May 1, 2023.
A web portal is in development for trustees and other interested parties to check on the status of an HAF application after a delay of sale letter has been issued.
It is important to note regarding the HAF Program that “upon receipt of a written notice from the homeowner assistance fund program administered by the Washington state housing finance commission that an application has been submitted” a foreclosure sale must be postponed “for at least 30 days,” and “for an additional 30-day period upon receipt of a written notice from the homeowner assistance fund program that the applicant is deemed eligible for the program.” Further postponement may be required since “If an application to the homeowner assistance fund program is approved in the amount that would cure the default and make the beneficiary whole, a sale may not proceed while the approved application is pending for payment.” Notably, the new law clarifies that any continuance pursuant to these HAF requirements are not counted toward the maximum of 120 days that are available to postpone under RCW 61.24.040(10).”