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Washington Foreclosure Mediation Program

On April 14, 2011, Gov. Chris Gregoire signed into law the Foreclosure Fairness Act of 2011.

The law provides Washington homeowners facing foreclosure the opportunity to be referred by a housing counselor or attorney to mediation with their lender to review available options to keep their home.

The law became effective on July 22, 2011.

What is foreclosure mediation?

Mediation is a process where the mediator helps the homeowner and the lender reach a fair, voluntary, and negotiated agreement. Foreclosure mediation programs have proven effective in reducing foreclosures in other states.

Who is eligible to participate in the Foreclosure Fairness Act Mediation Program?

Homeowners who received a Notice of Default on or before July 22, 2011 and their house has not yet been sold at foreclosure sale. Homeowners that received a Notice of Default after July 22, 2011 are eligible for referral to mediation until 20 days after the date a notice of sale has been recorded.

All lenders or beneficiaries are covered by the mediation requirement, except financial institutions that have conducted less than 250 foreclosure sales during the preceding calendar year.

How do I request mediation?

An attorney or counselor must refer you to foreclosure mediation by sending a form to the Department of Commerce. Counselors are provided free of charge to Washington homeowners and can be reached at 1-877-894-HOME(4663). Although not required, it may be to your benefit to request that they also represent you during the mediation session. The beneficiary is typically represented by at least one attorney.

How much will participating in foreclosure mediation cost?

The homeowner and the lender shall each pay a $200 fee for the mediation session. The fee must be paid prior to mediation. If additional mediation sessions are needed, additional fees may apply.

Free counseling provided

Foreclosure prevention counseling is provided free of charge to homeowners. Homeowner counseling is funded from program fees paid by lenders and servicers conducting more than 250 foreclosures in Washington State. To talk to a counselor call 1.877.894.HOME (4663). Call toll-free 1-888-201-1014 to obtain an attorney.

Questions? Contact the Department of Commerce

The Washington Department of Commerce oversees the implementation of the program. Questions about the program should be directed to the Washington Department of Commerce.

More information is available from the Washington Department of Commerce at www.commerce.wa.gov/foreclosures.

For additional specific program questions, you may contact:

E-mail: foreclosuremediation@commerce.wa.gov
Phone: (360) 725-3040

Foreclosure Fairness Act Brochure

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