When there is an express agreement for the payment of the sum of money secured contained in the mortgage or any separate instrument, the court shall direct in the decree of foreclosure that the balance due on the mortgage, and costs which may remain unsatisfied after the sale of the mortgaged premises, shall be satisfied from any property of the mortgage debtor: PROVIDED, HOWEVER, That in all cases where the mortgagee or other owner of such mortgage has expressly waived any right to a deficiency judgment in the complaint, as provided by RCW 6.23.020, there shall be no such judgment for deficiency, and the remedy of the mortgagee or other owner of the mortgage shall be confined to the sale of the property mortgaged.
RCW 61.12.070
Decree to direct deficiency—Waiver in complaint.
Applied in 6 court decisions — leading case 107 Wash. 2d 181 - American Federal Savings & Loan Ass'n of Tacoma v. McCaffrey (1986)
Most recently applied in Umpqua Bank v. Shasta Apartments, LLC (June 2016)
1961 c 196 s 4; Code 1881 s 612; 1877 p 127 s 617; 1869 p 146 s 566; 1854 p 208 s 411; RRS s 1119.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.