After default on her Washington State residential home mortgage payment, Plaintiff Jordan returned home from work one evening to discover she could not enter her own house as the locks had been changed without warning. The Washington Supreme Court held that a provision in the Nationwide deed of trust (mortgage) which allowed the creditor to enter the borrower’s home upon default without providing any notice to the homeowner violated the Washington Deed of Trust Act, Chapt 61.24 RCW.
The Court rejected the lender’s use of a provision in the deed of trust claiming ‘abandonment’, prior to commence of foreclosure, which allowed it leeway to enter the property and change the locks in order to secure the property.
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