Foreclosure Prevention

Did You Know?

In 2024, nearly 500 households received legal advice or representation through this program. These services helped preserve more than $11.7 million in home equity for Washington homeowners.

Overview

The Foreclosure Prevention Legal Services program utilizes specially trained attorneys to provide legal advice and representation to low and moderate income homeowners at risk of foreclosure. This civil legal assistance is offered in coordination with other services through the Foreclosure Fairness Program, authorized by RCW 61.24.

Although Washington State primarily uses a nonjudicial foreclosure process, legal aid is critical for vulnerable homeowners who face judicial proceedings relating to foreclosure or related civil legal issues such as bankruptcy, probate, or divorce.

Program History

The Foreclosure Prevention Legal Services program operates under the Foreclosure Fairness Act (RCW 61.24), enacted in 2011 to support homeowners at risk of foreclosure. The Act established the Foreclosure Fairness Program at Commerce, which provides free housing counseling, civil legal aid, and foreclosure mediation. It requires lenders to notify homeowners about these services and, when applicable, participate in mediation before proceeding with foreclosure. Under RCW 61.24.172, the Office of Civil Legal Aid (OCLA) is authorized to receive a portion of program funding—currently 6%, increasing to 16.5% in July 2025—to contract with qualified legal aid organizations. The program is funded through fees connected with foreclosure defaults and mortgage originations, which support a statewide network of service providers, including The Washington State Housing Finance Commission, the Washington Homeownership Resource Center, the Attorney General’s Office, the Department of Commerce, and OCLA.

Who We Fund

OCLA contracts with Northwest Justice Project’s specialized Foreclosure Prevention Unit to provide services under the Foreclosure Prevention Legal Services program.

News & Reports

For additional information on the broader Foreclosure Fairness Program—including housing counseling, mediation services, and overall program outcomes—please visit our partner agency: Foreclosure Fairness Program – Washington State Department of Commerce

This external site provides statewide data, program updates, and reports on the impact of services delivered under the Foreclosure Fairness Act.