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Law Office of Jenny Cochrane
Office in Kirkland, serves Bothell, United States
Consultation $200 for 1 hour
Hourly rate $375

Founded in 2009
5 people in their team
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Law Office of Jenny Cochrane is a Washington-based law firm serving individuals, families, professionals, businesses, and organizations throughout Kirkland, Bellevue, Redmond, Seattle, the Eastside, King County, and communities across Washington State. The firm handles a wide range of legal matters...
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A Bothell foreclosure can turn on the county and the notice deadline

Washington law generally allows a deed-of-trust lender to pursue a nonjudicial trustee sale without first filing a lawsuit. The process depends on required notices and deadlines, and a borrower may have options to challenge the sale or seek loss mitigation.

Bothell extends into both King and Snohomish counties. The county where the property is located determines which county office holds relevant land records, but Washington state law governs the foreclosure process.

Check every notice for its date, the trustee’s contact information, and any stated sale date. A lawyer can review whether notices were properly issued, assess available options, and identify deadlines that may affect the home.

When a foreclosure lawyer may be useful

  • You received a notice of default or trustee sale notice. A lawyer can assess the timeline and whether there are grounds to challenge the process or request court relief.
  • Your payment history or loan account appears wrong. Legal review may help address misapplied payments, disputed fees, or problems with a loan-servicing or modification application.
  • You want to pursue mediation or a loan workout. A lawyer can assess whether an owner-occupied Bothell home may qualify for Washington’s foreclosure mediation program and help meet referral deadlines.
  • The property has multiple liens or ownership interests. A second mortgage, tax lien, co-owner, or recorded interest can affect the options and consequences of a sale.
  • You rent out the property or are a tenant facing a sale. A lawyer can explain how the sale may affect occupancy and what notice or court process may be required before a tenant is removed.
  • A sale is imminent or has already occurred. A lawyer can assess whether an emergency court filing, bankruptcy advice, or a challenge to the sale is appropriate.

Washington laws that govern Bothell foreclosures

Washington Deed of Trust Act, chapter 61.24 RCW. This law governs nonjudicial trustee sales, notices, and related procedures. A notice of default generally must precede a notice of trustee sale by at least 30 days, and the sale notice generally must provide at least 90 days before the sale; exceptions and case-specific rules can affect deadlines.

Foreclosure Fairness Act. Enacted in 2011 and effective July 22, 2011, this law established protections that include a mediation program for eligible borrowers with owner-occupied residential property. Referral deadlines and eligibility requirements are important, so borrowers should seek advice promptly after receiving a notice of default.

Washington Consumer Protection Act, chapter 19.86 RCW. This law may apply to certain unfair or deceptive conduct involving a mortgage or its servicing. It does not make every servicing error a legal violation, and whether it applies depends on the facts.

Frequently asked questions

What does a foreclosure lawyer do?

A lawyer reviews the loan documents, notices, payment records, and sale timeline. Depending on the facts, the lawyer may help pursue a loan workout, mediation, a court injunction, or a defense to the sale.

Can a lender foreclose without filing a lawsuit in Washington?

Often, yes. A lender using the nonjudicial process under a deed of trust may proceed through a trustee sale if statutory requirements are met. Some disputes or loan arrangements may instead involve a court case.

How long does foreclosure take in Bothell?

There is no single start-to-finish timeline. Washington law sets minimum notice periods for many nonjudicial sales, but the timing can change because of mediation, postponements, loss-mitigation review, or court proceedings.

Does Bothell have its own foreclosure rules?

Foreclosure procedures are primarily governed by Washington state law, not a separate Bothell process. Because Bothell crosses King and Snohomish counties, confirm which county contains the property when checking recorded documents.

Can I stop a trustee sale after receiving a notice?

Possibly, but receiving a notice does not automatically stop the sale. Options may include resolving the default, pursuing an eligible mediation or workout, or asking a court for an injunction; timing and grounds matter.

Who may qualify for Washington foreclosure mediation?

The program generally concerns eligible borrowers facing foreclosure on owner-occupied residential property. A housing counselor or attorney must make a timely referral, and eligibility depends on statutory requirements and the loan and property circumstances.

Do I need a lawyer to request mediation?

A borrower may work with a housing counselor, and a lawyer may also help with eligibility, referral, and preparation. Because referral deadlines can be short, contact a counselor or lawyer promptly after a notice of default.

How much does a foreclosure lawyer cost?

Fees vary with urgency, the amount of document review, and whether the matter involves negotiation, mediation, or court. Ask about the initial consultation, hourly or flat fees, likely additional costs, and any payment options before hiring.

Can the lender seek a deficiency after a trustee sale?

Washington law generally bars a deficiency judgment against a borrower after a nonjudicial trustee sale of residential real property. Exceptions and different rules may apply to other property, loan structures, or parties, so have a lawyer review the documents.

Can a tenant be removed as soon as the property is sold?

A trustee sale does not necessarily mean a tenant must leave immediately. The buyer may need to provide legally required notice and use the proper court process, depending on the tenancy and applicable protections.

Does filing bankruptcy stop a foreclosure sale?

A bankruptcy filing generally triggers an automatic stay that pauses many collection actions, including foreclosure, but exceptions and repeat-filing rules can apply. Bankruptcy has significant financial consequences, so seek advice before relying on it to stop a sale.

Official resources

  • Washington State Department of Commerce - Foreclosure Fairness Program: Provides information about foreclosure mediation and related homeowner resources.
  • Washington State Department of Financial Institutions: Offers mortgage and foreclosure information and complaint guidance for matters within its authority.
  • Washington State Bar Association: Provides lawyer-referral and legal-help information and tools for checking a lawyer’s status.

Steps to find and hire a foreclosure lawyer

  1. Gather the key documents today. Collect the deed of trust, loan statements, payment records, and every letter or notice from the lender, servicer, or trustee.
  2. Check the deadline immediately. Note any sale date and contact a lawyer promptly, especially if a notice of trustee sale has arrived or the sale is approaching.
  3. Confirm the property’s county. Check the parcel address or tax record to determine whether the property is in King or Snohomish County and identify the correct land-records office.
  4. Contact several Washington foreclosure lawyers within one or two business days. Ask about experience with trustee sales, loan-servicing disputes, mediation, and urgent court applications.
  5. Compare the proposed services and fees before retaining counsel. Request a written fee agreement explaining the scope of work, billing method, likely expenses, and who will handle urgent deadlines.
  6. Verify the lawyer’s status and act on the agreed plan. Use Washington State Bar Association resources to check the lawyer, then promptly provide requested records and follow the deadline calendar.

Lawzana helps you find the best lawyers and law firms in Bothell, Washington through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Foreclosure, experience, and client feedback.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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