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WA State Supreme Court withdraws problematic HELOC ruling, will re-decide

Posted by on September 9, 2026

On Friday evening, the Washington Supreme Court announced its withdrawal of the earlier Vargas opinion issued in April, which had concluded that HELOCs could not use Washington’s non-judicial foreclosure process. While the April decision no longer exists in its original form, the Court will review and issue a new ruling based on the motion for reconsideration and supporting briefs, one of which was submitted by GoWest on behalf of Washington’s credit unions.

While the underlying legal questions are not fully resolved, this marks a major step in the attempt to overturn the original problematic ruling. Washington’s comprehensive foreclosure process has led to the state having one of the lowest foreclosure rates in the country and legislators, lenders, and consumer advocates agree that borrowers should have access to those services.

The subsequent court ruling could fully address our concerns or address the court case in a way that is still problematic so discussions around legislative clarity remain active.

This is an important and positive development for credit unions and other lenders because it reopens the conversation and provides a great reminder of why legal advocacy is a key piece of the overall advocacy continuum.

Posted in Advocacy on the Move, Washington Advocacy.

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