PS 101 – Chapter 8 – Article 3 – Service of the Notice of Trustee’s Sale

The Notice of Trustee’s Sale is the second document to be served during a non-judicial real property foreclosure. The requirement for this notice comes from RCW 61.24.040(1)(e) which states:

RCW 61.24.040
(e) Cause a copy of the notice of sale described in RCW 61.24.040(1)(f) to be posted in a conspicuous place on the property, or in lieu of posting, cause a copy of said notice to be served upon any occupant of the property

The statute requires posting of the notice in a conspicuous location on the property. It also provides the option of serving the notice on any occupant of the property. Though rare it is not unknown for clients to request both posting and service on any occupant.

This notice must be posted at least 90 days prior to the date of sale. Unfortunately many such assignments are issued on the last day, or next to last day, for service.

Note there is no provision for serving the grantor in the more conventional sense, such as personal in hand service or abode service. This creates a particularly difficult situation if the property is unoccupied and difficult to locate.

For example, if the property is landlocked (no road access) in deep forest it may be impossible to locate for posting without the tools and skills of a professional surveyor.

A professional process server will communicate any difficulties to the client at the earliest possible time.

Other sections of the statute impose a number of mailing requirements. However, since process servers are rarely, if ever, requested to do those mailings they will not be described here.

Service Instructions Summary

Present documents to:

NOTE: Nearly all such services are accomplished by posting the documents.

NOTE: Take a photograph of the posting.

NOTE: Be absolutely certain the posting is done on the subject property. 

NOTE: Service must be done at least 90 days before the auction date.

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