In February 2014, the U.S. District Court for the Western District of Washington listed the following factors as relevant when courts consider whether to invalidate a foreclosure sale after the sale occurs:
- whether a violation of the Deeds of Trust Act divested the trustee (who handles the foreclosure) of its authority to conduct the foreclose sale;
- whether the borrower had an adequate opportunity to prevent the foreclosure;
- whether the lender or the trustee caused unfairness or surprise;
- whether the purchaser at the foreclosure sale was on inquiry notice of the procedural irregularities or was truly innocent and would be unfairly harmed if the foreclose sale were voided;
- whether the sale price is grossly inadequate compared to the fair market value; and
- whether the borrower promptly asserted his or her objections after the sale.
Mulachy v. Federal Home Loan Mortgage Corp., 2014 WL 504836, *4 (W.D. Wash. Feb. 2014).