Foreclosure notice rules in Virginia

What the Code requires before a trustee sale

Section 55.1-320 explains how a deed of trust is construed and how a substitute trustee is appointed. Section 55.1-321 requires written notice of the time, date, and place of a proposed sale to the owner and to certain lienholders, in addition to the advertisement in § 55.1-322. Section 55.1-323 says the advertisement must describe the property, the time, place, and terms, and a person who can answer questions.

For owner-occupied residential real estate, § 55.1-321 says mailing notice by certified or registered mail no less than 60 days before the sale is sufficient compliance with that notice rule. For other deeds of trust, the same statute says 14 days. Those are the statute's notice rules. Ask us about your own house when you want a sale to us. Read the sections at law.lis.virginia.gov.

A sale to us is a different path

We can look at a house in Fredericksburg, Stafford, Spotsylvania, Caroline, King George, Prince William, Woodbridge, or Colonial Beach while a notice exists. Sometimes a purchase closes before a trustee's date. Sometimes it does not. Filling out a form does not stop the trustee.

Bring the notice. We look at the house and the payoff. If the numbers do not cover what is owed, we say so. Your lawyer explains your rights. We explain what we see at the property.

Fees and pace

This table is the shape of a choice. It does not replace the Code or a lawyer. Pace and fees vary; ask us.

Virginia questions

Can you stop a Virginia foreclosure?

No. A purchase sometimes finishes before a trustee's date and sometimes does not. Call with the date, and talk with an attorney about the notice.

Where are the notice rules written?

Code of Virginia §§ 55.1-320, 55.1-321, 55.1-322, and 55.1-323. The official text is on law.lis.virginia.gov.

Do those day counts mean you buy in that time?

No. They are the statute's mailing rules for a trustee notice. Ask us about your house separately.