(1) The failure of the
borrower or grantor to bring a civil action to enjoin a
foreclosure sale under this chapter may not be deemed a waiver of
a claim for damages asserting:
(a) Common law fraud or misrepresentation;
(b) A violation of Title 19 RCW; or
(c) Failure of the trustee to materially comply with the
provisions of this chapter.
(2) The nonwaived claims listed under subsection (1) of this
section are subject to the following limitations:
(a) The claim must be asserted or brought within two years
from the date of the foreclosure sale or within the applicable
statute of limitations for such claim, whichever expires earlier;
(b) The claim may not seek any remedy at law or in equity
other than monetary damages;
(c) The claim may not affect in any way the validity or
finality of the foreclosure sale or a subsequent transfer of the
property;
(d) A borrower or grantor who files such a claim is
prohibited from recording a lis pendens or any other document
purporting to create a similar effect, related to the real
property foreclosed upon;
(e) The claim may not operate in any way to encumber or
cloud the title to the property that was subject to the
foreclosure sale, except to the extent that a judgment on the
claim in favor of the borrower or grantor may, consistent with
RCW 4.56.190, become a judgment lien on real property then owned
by the judgment debtor; and
(f) The relief that may be granted for judgment upon the
claim is limited to actual damages. However, if the borrower or
grantor brings in the same civil action a claim for violation of
chapter 19.86 RCW, arising out of the same alleged facts, relief
under chapter 19.86 RCW is limited to actual damages, treble
damages as provided for in RCW 19.86.090, and the costs of suit,
including a reasonable attorney's fee.
(4) [(3)] This section applies only to foreclosures of
owner-occupied residential real property.
(5) [(4)] This section does not apply to the foreclosure of
a deed of trust used to secure a commercial loan.
[2009 c 292 § 6.]