On April 30, 2026, the Washington Supreme Court issued a decision holding that home equity lines of credit (HELOCs) are ineligible for non-judicial foreclosures (foreclosure by trustee’s sale) under the Washington Deed of Trust Act (DTA). The case, Marquez Vargas v. RRA CP Opportunity Trust 1, will immediately impact lenders seeking to foreclose trust deeds on Washington residential properties securing HELOCs and other obligations that are not embodied in a promissory note or “instrument.”

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