Washington 2025-2026 Regular Session Status: Enacted 4 D cosponsors

SB 5686 — Expanding and funding the foreclosure mediation program.

Last action — Effective date 7/27/2025*.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2025. Enacted.

Signed by Governor Bob Ferguson (Democratic) on May 20, 2025.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

618 added · 652 removed

Plain-language change summary

The updated version of Senate Bill 5686 includes a specific reference to the type of notice that must be received by borrowers or unit owners before they can be referred to mediation. This change clarifies that both notices of default and delinquency can trigger a referral to mediation, which may help more individuals resolve their housing issues before facing sale. It also maintains protections for housing counselors by limiting their liability in the assistance they provide. This is important as it encourages more borrowers to seek help without the fear of legal repercussions.

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S-1664.1 SUBSTITUTE SENATE BILL 5686 State of Washington 69th Legislature 2025 Regular Session By Senate Housing (originally sponsored by Senators Orwall, Frame, Hasegawa, and Nobles) READ FIRST TIME 02/20/25.
S-1167.2 SENATE BILL 5686 State of Washington 69th Legislature 2025 Regular Session By Senators Orwall, Frame, Hasegawa, and Nobles Read first time 02/06/25.
Referred to Committee on Housing.
1 SSB 5686 obligations, or the person's successors if they are liable for those obligations under a written agreement with the beneficiary.
1 SB 5686 obligations, or the person's successors if they are liable for those obligations under a written agreement with the beneficiary.
2 SSB 5686 (((14))) (15) "Senior beneficiary" means the beneficiary of a deed of trust that has priority over any other deeds of trust encumbering the same residential real property.
2 SB 5686 (((14))) (15) "Senior beneficiary" means the beneficiary of a deed of trust that has priority over any other deeds of trust encumbering the same residential real property.
3 SSB 5686 (2) Housing counselors have a duty to act in good faith to assist borrowers or unit owners by:
3 SB 5686 (2) Housing counselors have a duty to act in good faith to assist borrowers or unit owners by:
(3) A housing counselor or attorney assisting a borrower or unit owner may refer the borrower or unit owner to mediation, pursuant to RCW 61.24.163, if the housing counselor or attorney determines that mediation is appropriate based on the individual circumstances and the borrower or unit owner has received a notice of default or notice of delinquency for past due assessments, respectively.
(3) A housing counselor or attorney assisting a borrower or unit owner may refer the borrower or unit owner to mediation, pursuant to RCW 61.24.163, if the housing counselor or attorney determines that mediation is appropriate based on the individual circumstances and the borrower or unit owner has received a notice of default.
(6) Housing counselors shall provide information to the department to assist the department in its annual report to the legislature as required under RCW 61.24.163(((18))) (22).
(6) Housing counselors shall provide information to the department to assist the department in its annual report to the legislature as required under RCW 61.24.163(((18))) (19).
The information provided to the department by the housing counselors should include outcomes of foreclosures and be similar to the p.
The information provided to the department by the housing counselors should include outcomes of foreclosures and be similar to the information requested in the national foreclosure mortgage counseling client level foreclosure outcomes report form.
4 SSB 5686 information requested in the national foreclosure mortgage counseling client level foreclosure outcomes report form.
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4 SB 5686 Sec.
The mediation program under this section is not governed by chapter 7.07 RCW and does not preclude mediation required by a court or other provision of law.
The referral to mediation may be made any time after a notice of default or notice of delinquency for past due assessments has been issued but no later than 90 days prior to the date of sale listed in the notice of trustee's sale.
(2) For deed of trust foreclosure, the referral to mediation may be made any time after a notice of default has been issued but no later than 90 days prior to the date of sale listed in the notice of trustee's sale.
If an amended notice of trustee's sale is recorded after the trustee sale has been stayed pursuant to RCW 61.24.130, the borrower or unit owner may be referred to mediation no later than 25 days prior to the date of sale listed in the amended notice of trustee's sale.
If an amended notice of trustee's sale is recorded after the trustee sale has been stayed pursuant to RCW 61.24.130, the borrower may be referred to mediation no later than 25 days prior to the date of sale listed in the amended notice of trustee's sale.
((The mediation program under this section is not governed by chapter 7.07 RCW and does not preclude mediation required by a court or other provision of law.
The mediation program under this section is not governed by chapter 7.07 RCW and does not preclude mediation required by a court or other provision of law.
(2))) (3) For association foreclosures undertaken pursuant to RCW 64.90.485, the referral to mediation may be made any time after a notice of delinquency for past due assessments has been issued but no later than 30 days prior to the date of sale.
(2) A housing counselor or attorney referring a borrower or unit owner to mediation shall send a notice to the borrower or unit owner and the department, stating that mediation is appropriate.
If the unit owner has failed to elect to mediate within the applicable time frame, the unit owner and the association may, but are under no duty to, agree in writing to enter the foreclosure mediation program.
(3) Within 10 days of receiving the notice, the department shall:
(4) A housing counselor or attorney referring a borrower or unit owner to mediation shall send a notice to the borrower or unit owner and the department, stating that mediation is appropriate.
(((3))) (5) Within 10 days of receiving the notice, the department shall:
The notice must include the statements and list of documents and information described in subsections (((4))) (6) and p.
The notice must include the statements and list of documents and information described in subsections (4) and (5) of this section and a statement explaining each party's responsibility to pay the mediator's fee;
5 SSB 5686 (((5))) (7) of this section and a statement explaining each party's responsibility to pay the mediator's fee;
(((4) Within)) (6) For deed of trust foreclosures:
(4) ((Within)) For a mediation related to a notice of default within 23 days of the department's notice that the parties have been referred to mediation, the borrower shall transmit the documents required for mediation to the mediator and the beneficiary.
(a) Within 23 days of the department's notice that the parties have been referred to mediation, the borrower shall transmit the documents required for mediation to the mediator and the beneficiary.
(((a))) (i) The borrower's current and future income;
(a) The borrower's current and future income;
(((b))) (ii) Debts and obligations;
(b) Debts and obligations;
(((c))) (iii) Assets;
(c) Assets;
(((d))) (iv) Expenses;
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(((e))) (v) Tax returns for the previous two years;
5 SB 5686 (d) Expenses;
(((f))) (vi) Hardship information;
(e) Tax returns for the previous two years;
(((g))) (vii) Other applicable information commonly required by any applicable federal mortgage relief program.
(f) Hardship information;
(((5))) (b) Within 20 days of the beneficiary's receipt of the borrower's documents under this subsection, the beneficiary shall transmit the documents required for mediation to the mediator and the borrower.
(g) Other applicable information commonly required by any applicable federal mortgage relief program.
(5) Within 20 days of the beneficiary's receipt of the borrower's documents under subsection (4) of this section, the beneficiary shall transmit the documents required for mediation to the mediator and the borrower.
(((a))) (i) An accurate statement containing the balance of the loan within 30 days of the date on which the beneficiary's documents are due to the parties;
(a) An accurate statement containing the balance of the loan within 30 days of the date on which the beneficiary's documents are due to the parties;
(((b))) (ii) Copies of the note and deed of trust;
(b) Copies of the note and deed of trust;
(((c))) (iii) Proof that the entity claiming to be the beneficiary is the owner of any promissory note or obligation secured by the deed of trust.
(c) Proof that the entity claiming to be the beneficiary is the owner of any promissory note or obligation secured by the deed of trust.
(((d))) (iv) The best estimate of any arrearage and an itemized statement of the arrearages;
(d) The best estimate of any arrearage and an itemized statement of the arrearages;
(((e))) (v) An itemized list of the best estimate of fees and charges outstanding;
(e) An itemized list of the best estimate of fees and charges outstanding;
(((f))) (vi) The payment history and schedule for the preceding twelve months, or since default, whichever is longer, including a breakdown of all fees and charges claimed;
(f) The payment history and schedule for the preceding twelve months, or since default, whichever is longer, including a breakdown of all fees and charges claimed;
(((g))) (vii) All borrower-related and mortgage-related input data used in any net present values analysis.
(g) All borrower-related and mortgage-related input data used in any net present values analysis.
If no net present values analysis is required by the applicable federal mortgage relief p.
If no net present values analysis is required by the applicable federal mortgage relief program, then the input data required under the federal deposit insurance corporation and published in the federal deposit insurance corporation loan modification program guide, or if that calculation becomes unavailable, substantially similar input data as determined by the department;
6 SSB 5686 program, then the input data required under the federal deposit insurance corporation and published in the federal deposit insurance corporation loan modification program guide, or if that calculation becomes unavailable, substantially similar input data as determined by the department;
(h) An explanation regarding any denial for a loan modification, forbearance, or other alternative to foreclosure in sufficient detail for a reasonable person to understand why the decision was made;
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(((h))) (viii) An explanation regarding any denial for a loan modification, forbearance, or other alternative to foreclosure in sufficient detail for a reasonable person to understand why the decision was made;
(i) Appraisal or other broker price opinion most recently relied upon by the beneficiary not more than 90 days old at the time of the scheduled mediation;
(((i))) (ix) Appraisal or other broker price opinion most recently relied upon by the beneficiary not more than 90 days old at the time of the scheduled mediation;
and (j) The portion or excerpt of the pooling and servicing agreement or other investor restriction that prohibits the beneficiary from p.
and (((j))) (x) The portion or excerpt of the pooling and servicing agreement or other investor restriction that prohibits the beneficiary from implementing a modification, if the beneficiary claims it cannot implement a modification due to limitations in a pooling and servicing agreement or other investor restriction, and documentation or a statement detailing the efforts of the beneficiary to obtain a waiver of the pooling and servicing agreement or other investor restriction provisions.
6 SB 5686 implementing a modification, if the beneficiary claims it cannot implement a modification due to limitations in a pooling and servicing agreement or other investor restriction, and documentation or a statement detailing the efforts of the beneficiary to obtain a waiver of the pooling and servicing agreement or other investor restriction provisions.
(((6))) (7) For association foreclosures:
(6) If the mediation is related to a notice of delinquency for past due assessments, within 23 days of the department's notice that the parties have been referred to mediation, the parties shall transmit the documents required for mediation to the mediator.
(a) Within 23 days of the department's notice that the parties have been referred to mediation, the association shall transmit the documents required for mediation to the mediator and the unit owner.
The documents shall be kept confidential by the mediator.
The required documents include:
(a) The required documents to be submitted by the unit owner includes the following information:
(i) An itemized ledger for the preceding 12 months, or since the assessments became past due, whichever is longer.
(i) The unit owner's current and future income;
The ledger shall include an itemized list of all dues, fines, special assessments, and any other charges owed, with the date and amount for each item.
(ii) Debts and obligations;
The ledger should include the total balance owed at the time the ledger is transmitted, accurate within 30 days of the date on which the association's documents are due to the parties;
(iii) Assets;
(ii) Copy of all association liens placed against the property;
(iv) Expenses;
(iii) Copies of the current association declarations, bylaws, and any other governing documents for the association.
and (v) Hardship information.
(b) Within 20 days of the unit owner's receipt of the association's documents, the unit owner shall transmit the documents required for mediation to the mediator and the association.
(b) The required documents to be submitted by the association includes the following information:
The required documents include:
(i) An itemized statement containing the balance of the past due assessments, fees or charges, or other financial obligations related to the assessments;
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(ii) Copies of the association's lien and deed of trust;
7 SSB 5686 (i) Evidence of any unit owner payments to the association that are not reflected on the association ledger, if any;
(iii) Proof that the entity claiming to be the association is the holder of any lien secured by the deed of trust;
(ii) Statement of hardship, if relevant;
(iv) The payment history and schedule for the preceding 12 months, or since the assessments became past due, whichever is longer, including a breakdown of all fees, charges, or other financial obligations related to the assessments claimed;
(iii) If the unit owner is interested in a payment plan, a proposed schedule of payments to resolve the arrears.
and (v) An explanation regarding any denial for a modification, forbearance, or other alternative to foreclosure on the delinquent assessments, fees, charges, or other financial obligations related to the assessments claimed in sufficient detail for a reasonable person to understand why the decision was made.
(8) Within 70 days of receiving the referral from the department, the mediator shall convene a mediation session in the county where the property is located, unless the parties agree on another location.
(7) Within 70 days of receiving the referral from the department, the mediator shall convene a mediation session in the county where the property is located, unless the parties agree on another location.
If the parties agree to extend the time, the beneficiary or association shall notify the trustee, if applicable, of the extension and the date the mediator is expected to issue the mediator's certification.
If the parties agree to extend the p.
(((7))) (9)(a) The mediator may schedule phone conferences, consultations with the parties individually, and other communications to ensure that the parties have all the necessary information and documents to engage in a productive mediation.
7 SB 5686 time, the beneficiary or association shall notify the trustee of the extension and the date the mediator is expected to issue the mediator's certification.
(((7))) (8)(a) The mediator may schedule phone conferences, consultations with the parties individually, and other communications to ensure that the parties have all the necessary information and documents to engage in a productive mediation.
(((8))) (10)(a) The borrower or unit owner, the beneficiary or association or authorized agent, and the mediator must meet in person for the mediation session.
(((8))) (9)(a) The borrower or unit owner, the beneficiary or association or authorized agent, and the mediator must meet in person for the mediation session.
However, a person with authority to agree to a resolution on behalf of the beneficiary or association may be p.
However, a person with authority to agree to a resolution on behalf of the beneficiary or association may be present over the telephone or videoconference during the mediation session.
8 SSB 5686 present over the telephone or videoconference during the mediation session.
(((9) The)) (11) For deed of trust foreclosures, the participants in mediation must address the issues of foreclosure that may enable the borrower or unit owner and the beneficiary or association to reach a resolution, including but not limited to reinstatement, modification of the loan, restructuring of the debt, modification of a delinquent assessment, modification of late fees or charges associated with a delinquent assessment, or some other workout plan.
(((9))) (10) The participants in mediation must address the issues of foreclosure that may enable the borrower or unit owner and the beneficiary or association to reach a resolution, including but not limited to reinstatement, modification of the loan, restructuring of the debt, modification of a delinquent assessment, modification of p.
8 SB 5686 late fees or charges associated with a delinquent assessment, or some other workout plan.
(c) Any affordable loan modification calculation and net present value calculation when required under any federal mortgage relief program and any modification program related to loans insured by the federal housing administration, the veterans administration, and the rural housing service.
(c) Any affordable loan modification calculation and net present value calculation when required under any federal mortgage relief program and any modification program related to loans insured by the federal housing administration, the veterans administration, and the rural housing service , if applicable.
(((10))) (12) For association foreclosures, the participants in mediation must address the issues which led to foreclosure that may enable the unit owner and the association to reach a resolution including, but not limited to, a delinquent assessment payment plan, p.
(((10))) (11) A violation of the duty to mediate in good faith as required under this section may include:
9 SSB 5686 waiver of association imposed late fees or attorney fees, or any other workout plan.
(13) A violation of the duty to mediate in good faith as required under this section may include:
(b) Failure of the borrower ((or)), the unit owner, the beneficiary , or the association to provide the documentation required before mediation or pursuant to the mediator's instructions;
(b) Failure of the borrower ((or)), the unit owner, the beneficiary, or the association to provide the documentation required before mediation or pursuant to the mediator's instructions;
((and)) (d) A request by a beneficiary that the borrower waive future claims he or she may have in connection with the deed of trust, as a condition of agreeing to a modification, except for rescission claims under the federal truth in lending act.
and (d) A request by a beneficiary or association that the borrower or unit owner waive future claims he or she may have in connection with the deed of trust, as a condition of agreeing to a modification, except for rescission claims under the federal truth in lending act.
Nothing in this section precludes a beneficiary or association from requesting that a borrower dismiss with prejudice any pending claims against the beneficiary, its agents, loan servicer, or trustee, arising from the underlying deed of trust, as a condition of modification;
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and (e) A request by the association that the unit owner waive future claims against the association.
9 SB 5686 Nothing in this section precludes a beneficiary or association from requesting that a borrower or unit owner dismiss with prejudice any pending claims against the beneficiary or association, its agents, loan servicer, or trustee, arising from the underlying deed of trust, as a condition of modification.
Nothing in this section precludes an association from requesting that a unit owner dismiss any filed civil claims against the association related to the present delinquency.
(((11))) (12) If the mediator reasonably believes a borrower or unit owner will not attend a mediation session based on the borrower's or unit owner's conduct, such as the lack of response to the mediator's communications, the mediator may cancel a scheduled mediation session and send a written cancellation to the department and the trustee and send copies to the parties.
(((11))) (14) If the mediator reasonably believes a borrower or unit owner will not attend a mediation session based on the borrower's or unit owner's conduct, such as the lack of response to the mediator's communications, the mediator may cancel a scheduled mediation session and send a written cancellation to the department and the trustee and send copies to the parties.
(((12))) (15) Within seven business days after the conclusion of the mediation session, the mediator must send a written certification to the department and the trustee and send copies to the parties of:
(((12))) (13) Within seven business days after the conclusion of the mediation session, the mediator must send a written certification to the department and the trustee and send copies to the parties of:
(c) Whether a resolution was reached by the parties, including whether the default or delinquency was cured by reinstatement, p.
(c) Whether a resolution was reached by the parties, including whether the default or delinquency was cured by reinstatement, modification, or restructuring of the debt, or some other alternative to foreclosure was agreed upon by the parties;
10 SSB 5686 modification, or restructuring of the debt, or repayment plan, or some other alternative to foreclosure was agreed upon by the parties;
and (e) ((If)) For deed of trust foreclosures, if a written agreement was not reached, a description of any net present value test used, along with a copy of the inputs, including the result of any net present value test expressed in a dollar amount.
and (e) If a written agreement was not reached, a description of any net present value test used, along with a copy of the inputs, including the result of any net present value test expressed in a dollar amount.
(((13))) (16) If the parties are unable to reach an agreement, the beneficiary or association may proceed with the foreclosure after receipt of the mediator's written certification.
(((13))) (14) If the parties are unable to reach an agreement, the beneficiary or association may proceed with the foreclosure after receipt of the mediator's written certification.
(((14))) (17)(a) The mediator's certification that the beneficiary or association failed to act in good faith in mediation constitutes a defense to the nonjudicial foreclosure action that was the basis for initiating the mediation.
(((14))) (15)(a) The mediator's certification that the beneficiary or association failed to act in good faith in mediation constitutes a defense to the nonjudicial foreclosure action that was the basis for initiating the mediation.
In any action to enjoin the foreclosure, the beneficiary or association is entitled to rebut the allegation that it failed to act in good faith.
In any action to enjoin the foreclosure, the beneficiary is entitled to rebut the allegation that it failed to act in good faith.
(b) The mediator's certification that the beneficiary or association failed to act in good faith during mediation does not constitute a defense to a judicial foreclosure or a future nonjudicial foreclosure action if a modification of the loan or delinquent assessment payment plan is agreed upon and the borrower subsequently defaults or unit owner fails to pay assessments.
(b) The mediator's certification that the beneficiary or association failed to act in good faith during mediation does not p.
(c) If an affordable loan modification is not offered in the mediation or a written agreement was not reached and the mediator's certification shows that the net present value of the modified loan exceeds the anticipated net recovery at foreclosure, that showing in the certification constitutes a basis for the borrower to enjoin the foreclosure.
10 SB 5686 constitute a defense to a judicial foreclosure or a future nonjudicial foreclosure action if a modification of the loan or modification of obligations related to the payment of assessments is agreed upon and the borrower subsequently defaults.
(((15))) (18) The mediator's certification that the borrower or unit owner failed to act in good faith in mediation authorizes the beneficiary or association to proceed with the foreclosure.
(c) If an affordable loan modification or modification of obligations related to the payment of assessments is not offered in the mediation or a written agreement was not reached and the mediator's certification shows that the net present value of the modified loan or the obligations related to the payment of delinquent assessments including late fees and charges, exceeds the anticipated net recovery at foreclosure, that showing in the certification constitutes a basis for the borrower or unit owner to enjoin the foreclosure.
(((16))) (19)(a) If a borrower or unit owner has been referred to mediation before a notice of trustee sale has been recorded, a trustee may not record the notice of sale until the trustee receives the mediator's certification stating that the mediation has been completed.
(((15))) (16) The mediator's certification that the borrower or unit owner failed to act in good faith in mediation authorizes the beneficiary or association to proceed with the foreclosure.
(((16))) (17)(a) If a borrower or unit owner has been referred to mediation before a notice of trustee sale has been recorded, a trustee may not record the notice of sale until the trustee receives the mediator's certification stating that the mediation has been completed.
If, after a notice of sale is recorded under this subsection (((16))) p.
If, after a notice of sale is recorded under this subsection (((16))) (17)(a), the mediator subsequently issues a certification finding that the beneficiary or association violated the duty of good faith, the certification constitutes a basis for the borrower or unit owner to enjoin the foreclosure.
11 SSB 5686 (19)(a), the mediator subsequently issues a certification finding that the beneficiary or association violated the duty of good faith, the certification constitutes a basis for the borrower or unit owner to enjoin the foreclosure.
(((17))) (c) If a unit owner has been referred to mediation before the filing of a judicial foreclosure, the association may not file a complaint for judicial foreclosure until the association receives the mediator's certification stating that the mediation has been completed.
(((17))) (18) A mediator may charge reasonable fees as authorized by this subsection or as authorized by the department.
If the association does not receive the mediator's certification, the association may file for judicial foreclosure after 10 days from the date the certification to the association was due.
If, after a judicial filing for foreclosure has been made pursuant to this subsection (19)(c), the mediator subsequently issues a certification finding that the association violated the duty of good faith, the certification constitutes a basis for the unit owner to enjoin the judicial foreclosure.
(20) A mediator may charge reasonable fees as authorized by this subsection or as authorized by the department.
The mediator must provide an estimated fee before the mediation, and payment of the mediator's fee must be divided equally between the beneficiary and the borrower , or between the association and the unit owner.
The mediator must provide an estimated p.
11 SB 5686 fee before the mediation, and payment of the mediator's fee must be divided equally between the beneficiary and the borrower, or between the association and the unit owner.
(((18))) (21) For association foreclosures, the unit owner and the association shall be responsible for their own respective attorney fees incurred during mediation under this section.
(((18))) (19) Beginning December 1, 2012, and every year thereafter, the department shall report annually to the legislature on:
(22) Beginning December 1, 2012, and every year thereafter, the department shall report annually to the legislature on:
(a) The performance of the program, including the number((s)) of borrowers who are referred to mediation by a housing counselor or attorney.
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12 SSB 5686 (a) The performance of the program, including the number((s)) of borrowers who are referred to mediation by a housing counselor or attorney.
(((19))) (23) This section does not apply to certain federally insured depository institutions, as specified in RCW 61.24.166.
(((19))) (20) This section does not apply to certain federally insured depository institutions, as specified in RCW 61.24.166.
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12 SB 5686 Sec.
or p.
or (d) Where the grantor is a partnership, corporation, or limited liability company, or where the property is vested in a partnership, corporation, or limited liability company at the time the notice of default is issued.
13 SSB 5686 (d) Where the grantor is a partnership, corporation, or limited liability company, or where the property is vested in a partnership, corporation, or limited liability company at the time the notice of default is issued.
(3) ((RCW 61.24.163 does not apply to association beneficiaries subject to chapter 64.32, 64.34, or 64.38 RCW.
(3) RCW 61.24.163 does ((not)) apply to ((association beneficiaries subject to chapter 64.32, 64.34, or 64.38 RCW.)) associations seeking to foreclose liens or deficiencies via nonjudicial or judicial foreclosure.
(4))) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the borrower is deceased and the person is a successor in interest of the deceased borrower.
(4) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the borrower or unit owner is deceased and the person is a successor in interest of the deceased borrower or unit owner.
For the purposes of mediation under RCW 61.24.163, the person must be treated as a "borrower" or "unit owner." This subsection does not impose an affirmative duty on the beneficiary to accept an assumption of the loan.
For the purposes of mediation under RCW 61.24.163, the person must be treated as a "borrower." This subsection does not impose an affirmative duty on the beneficiary to accept an assumption of the loan.
(5) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the person has been awarded title to the property in a proceeding for dissolution or legal separation.
(((5))) (4) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the person has been awarded title to the property in a proceeding for dissolution or legal separation.
(2) RCW 61.24.163 does not apply to deeds of trust:
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13 SB 5686 (2) RCW 61.24.163 does not apply to deeds of trust:
or p.
or (d) Where the grantor is a partnership, corporation, or limited liability company, or where the property is vested in a partnership, corporation, or limited liability company at the time the notice of default is issued.
14 SSB 5686 (d) Where the grantor is a partnership, corporation, or limited liability company, or where the property is vested in a partnership, corporation, or limited liability company at the time the notice of default is issued.
(3) ((RCW 61.24.163 does not apply to association beneficiaries subject to chapter 64.90 RCW.
(3) RCW 61.24.163 does ((not)) apply to ((association beneficiaries subject to chapter 64.90 RCW.)) associations seeking to foreclose liens or deficiencies via nonjudicial or judicial foreclosure.
(4))) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the borrower is deceased and the person is a successor in interest of the deceased borrower.
(4) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the borrower is deceased and the person is a successor in interest of the deceased borrower.
(5) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the person has been awarded title to the property in a proceeding for dissolution or legal separation.
(((5))) (4) For purposes of referral and mediation under RCW 61.24.163, a person may be referred to mediation if the person has been awarded title to the property in a proceeding for dissolution or legal separation.
(3) "Beneficiary" means the holder of the instrument or document evidencing the obligations secured by the deed of trust, excluding persons holding the same as security for a different obligation.
15 SSB 5686 (((3))) (4) "Borrower" means a person or a general partner in a partnership, including a joint venture, that is liable for all or part of the obligations secured by the deed of trust under the instrument or other document that is the principal evidence of such obligations, or the person's successors if they are liable for those obligations under a written agreement with the beneficiary.
14 SB 5686 (3) "Beneficiary" means the holder of the instrument or document evidencing the obligations secured by the deed of trust, excluding persons holding the same as security for a different obligation.
(((3))) (4) "Borrower" means a person or a general partner in a partnership, including a joint venture, that is liable for all or part of the obligations secured by the deed of trust under the instrument or other document that is the principal evidence of such obligations, or the person's successors if they are liable for those obligations under a written agreement with the beneficiary.
(((12))) (13) "Record" and "recorded" includes the appropriate registration proceedings, in the instance of registered land.
16 SSB 5686 (((13))) (14) "Residential real property" means property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit.
15 SB 5686 (((12))) (13) "Record" and "recorded" includes the appropriate registration proceedings, in the instance of registered land.
(((13))) (14) "Residential real property" means property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit.
Nothing in RCW 64.90.485 or this section precludes a meeting or negotiations between the housing counselor, unit owner, and association at any time, including after the issuance of the notice of delinquency for past due assessments.
Nothing in RCW 64.90.485 or this section precludes a meeting or negotiations between the housing counselor, unit owner, p.
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16 SB 5686 and association at any time, including after the issuance of the notice of delinquency for past due assessments.
17 SSB 5686 (c) A borrower who is contacted under RCW 61.24.031 or a unit owner, may seek the assistance of a housing counselor or attorney at any time.
(c) A borrower who is contacted under RCW 61.24.031 or a unit owner, may seek the assistance of a housing counselor or attorney at any time.
(6) Housing counselors shall provide information to the department to assist the department in its annual report to the legislature as required under RCW 61.24.163(((18))) (22).
(6) Housing counselors shall provide information to the department to assist the department in its annual report to the p.
The information provided to the department by the housing counselors p.
17 SB 5686 legislature as required under RCW 61.24.163(((18))) (19).
18 SSB 5686 should include outcomes of foreclosures and be similar to the information requested in the national foreclosure mortgage counseling client level foreclosure outcomes report form.
The information provided to the department by the housing counselors should include outcomes of foreclosures and be similar to the information requested in the national foreclosure mortgage counseling client level foreclosure outcomes report form.
(5) 0.5 percent to fund outreach;
(5) 0.5 p.
and (6) 10 percent to the department to be used for implementation and operation of the foreclosure fairness p.
18 SB 5686 percent to fund outreach;
19 SSB 5686 act.
and (6) 10 percent to the department to be used for implementation and operation of the foreclosure fairness act.
20 SSB 5686
19 SB 5686
View plain text versions (5)

Action History

  1. Effective date 7/27/2025*.

  2. Chapter 393, 2025 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Passed final passage; yeas, 27; nays, 19; absent, 0; excused, 2.

  8. Senate concurred in House amendments.

  9. Third reading, passed; yeas, 56; nays, 41; absent, 0; excused, 1.

  10. Rules suspended. Placed on Third Reading.

  11. Floor amendment(s) adopted.

  12. Committee amendment not adopted.

  13. Rules Committee relieved of further consideration. Placed on second reading.

  14. Referred to Rules 2 Review.

  15. Minority; without recommendation.

  16. Minority; do not pass.

  17. APP - Majority; do pass with amendment(s) by Housing.

  18. Executive action taken in the House Committee on Appropriations at 1:30 PM.

  19. Public hearing in the House Committee on Appropriations at 9:00 AM.

  20. Referred to Appropriations.

  21. Minority; without recommendation.

  22. Minority; do not pass.

  23. HOUS - Majority; do pass with amendment(s).

  24. Executive action taken in the House Committee on Housing at 4:00 PM.

  25. Public hearing in the House Committee on Housing at 4:00 PM.

  26. First reading, referred to Housing.

  27. Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0.

  28. Rules suspended. Placed on Third Reading.

  29. Floor amendment(s) adopted.

  30. 2nd substitute bill substituted (WM 25).

  31. Placed on second reading by Rules Committee.

  32. Passed to Rules Committee for second reading.

  33. Minority; do not pass.

  34. WM - Majority; 2nd substitute bill be substituted, do pass.

  35. Executive action taken in the Senate Committee on Ways & Means at 1:30 PM.

  36. Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

  37. Referred to Ways & Means.

  38. Minority; without recommendation.

  39. And refer to Ways & Means.

  40. HSG - Majority; 1st substitute bill be substituted, do pass.

  41. Executive action taken in the Senate Committee on Housing at 10:30 AM.

  42. Public hearing in the Senate Committee on Housing at 10:30 AM.

  43. First reading, referred to Housing.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 147 not signed on · 60 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 27 Yea · 19 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 27002
Republican 01900
Total 271902
% of votes cast 56%40%0%4%
How each member voted (48)
Member Party Vote
Adrian Cortes Democrat Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Deborah Krishnadasan Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Not Voting
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Jessica Bateman Democrat Not Voting
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marcus Riccelli Democrat Yea
Marko Liias Democrat Yea
Mike Chapman Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Drew MacEwen Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Goehner Republican Nay
Keith Wagoner Republican Nay
Leonard Christian Republican Nay
Mark Schoesler Republican Nay
Matt Boehnke Republican Nay
Nikki Torres Republican Nay
Paul Harris Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Passed 56 Yea · 41 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 03701
Democrat 56400
Total 564101
% of votes cast 57%42%0%1%
How each member voted (98)
Member Party Vote
Adam Bernbaum Democrat Yea
Adison Richards Democrat Yea
Adrian Cortes Democrat Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Nay
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Brandy Donaghy Democrat Yea
Brianna Thomas Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Nay
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Nay
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Edwin Obras Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Janice Zahn Democrat Yea
Javier Valdez Democrat Nay
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Lisa Parshley Democrat Yea
Liz Berry Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Natasha Hill Democrat Yea
Nicole Macri Democrat Yea
Osman Salahuddin Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shaun Scott Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Victoria Hunt Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Andrew Engell Republican Nay
April Connors Republican Nay
Brian Burnett Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
David Stuebe Republican Nay
Deb Manjarrez Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Gloria Mendoza Republican Nay
Hunter Abell Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
John Ley Republican Nay
Joshua Penner Republican Nay
Kevin Waters Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Marshall Republican Nay
Michael Keaton Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Sam Low Republican Nay
Skyler Rude Republican Nay
Stephanie Barnard Republican Not Voting
Stephanie McClintock Republican Nay
Suzanne Schmidt Republican Nay
Tom Dent Republican Nay
Travis Couture Republican Nay

Official roll call →

Passed 30 Yea · 19 Nay
Party YeaNayPresentNot Voting
Democrat 30000
Republican 01900
Total 301900
% of votes cast 61%39%0%0%
How each member voted (49)
Member Party Vote
Adrian Cortes Democrat Yea
Annette Cleveland Democrat Yea
Bill Ramos Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Deborah Krishnadasan Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Jessica Bateman Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marcus Riccelli Democrat Yea
Marko Liias Democrat Yea
Mike Chapman Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Drew MacEwen Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Goehner Republican Nay
Keith Wagoner Republican Nay
Leonard Christian Republican Nay
Mark Schoesler Republican Nay
Matt Boehnke Republican Nay
Nikki Torres Republican Nay
Paul Harris Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 5686?
SB 5686 is sponsored by T'wina Nobles (Democrat), Bob Hasegawa (Democrat), Noel Frame (Democrat), and Tina Orwall (Democrat).
What is the current status of SB 5686?
This bill has been enacted into law. Introduced February 06, 2025. Enacted.
Where can I track SB 5686?
Track SB 5686 free on One Click Politics — get push/email alerts when it moves.

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