The vast majority of property foreclosures in the state of Washington occur without judicial involvement. The lender is provided the right to foreclose on a property in this type of non judicial foreclosure if the mortgage agreement secured by the property contains a power of sale clause. If that clause is present then a trustee is appointed who must provide the required notice to the borrower and to the public and conduct the sale in accordance with the terms of the mortgage agreement and state law.
In the absence of a power of sale clause in the mortgage agreement, the lender may sue the borrower who is in default and obtain a court judgment of foreclosure which allows the lender to sell the property after providing the public with notice of the upcoming foreclosure sale.
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