RES Real Equity Solutions

What a notice of default means

Washington and Oregon ·

A notice of default is a formal letter saying the lender considers the loan seriously behind and intends to start foreclosure unless it is brought current. It is not a sale, and it is not an eviction. It is the beginning of a process that has several more steps and, in both Washington and Oregon, a set number of days built into it.

It is also the point where most people stop opening the mail. Please open it. Everything that follows has a date on it, and the dates are what give you options.

What the letter is

In Washington, a notice of default usually comes after an earlier letter about pre-foreclosure options, and before a notice of trustee’s sale. In Oregon, the notice of default and election to sell is the document that starts a non-judicial foreclosure; many Oregon lenders instead file a lawsuit, which begins with a summons rather than a notice. Either way, the paper you are holding tells you three things: how far behind the loan is, what it would take to bring it current, and how long you have before the next step.

The dates on it

Who to call first

  1. A HUD-approved housing counselor. Free. They will read the notice with you, explain your options in your state, and can request mediation on your behalf. The number is at the bottom of this page.
  2. Your lender’s loss mitigation department. Not the collections line. Ask what programs you qualify for: repayment plan, forbearance, modification. Ask them to put it in writing.
  3. An attorney, if anything looks wrong. Wrong amounts, a loan you do not recognise, a notice that arrived after a sale date. Legal aid organisations in both states take foreclosure cases.

What we do, and do not do

We buy houses. If selling is the right move for you, we can make a written offer within two days of seeing the house and close before a scheduled sale date, and the lender is paid off at closing. We do not offer loans, we do not negotiate with your lender on your behalf, and we will not tell you we can save your home. Anyone who promises to stop a foreclosure for a fee should be treated as a warning sign, and both Washington and Oregon have laws about exactly that.

Read the notice. Call a counselor. Then decide.

Talk to a housing counselor. Free, and not tied to any buyer.

HUD-approved counselors: hud.gov/findacounselor

Washington Homeownership Hotline: 1-877-894-4663

This guide is general information, not legal advice. Dates and rules change; confirm anything you are relying on with a counselor or an attorney.