Virginia Foreclosure Law

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Virginia Foreclosure Laws

Typical Virginia Foreclosure Time Frame – The typical Virginia foreclosure period is approximately 60 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – Varies

Virginia foreclosure laws allow lenders to seek either judicial or non-judicial foreclosure in the event of a default on a mortgage. 

In a judicial foreclosure, the lender is required to sue the borrower in court to obtain an order to foreclose.  Once an order to foreclose is awarded, the court will order the property to be sold.

Under Virginia foreclosure law, in a non-judicial foreclosure the lender is required to publish a notice of sale for a minimum of three days.  This is regardless of any advertising provisions that are included in the deed of trust.  If there is no advertisement, provision in the deed of trust the notice must be published at least once a week for a minimum of four consecutive weeks.  With the courts permission property that is in or near a city may have a publication published once a day for five days straight.  The notice must be published a minimum of 14 days before the sale date.

In accordance with Virginia foreclosure law, the sale may not be held any earlier than 8 days after the first publication and no later than 30 days upon the last publication.  Written bids are allowed to be accepted by the trustee and they must be announced at the sale.  All written bids must be available for all attending the auction to inspect if desired.  The successful bidder at the sale must make a deposit of 10% to the trustee.

If the sale must be postponed for any reason, the postponement must follow the same advertising procedure as the actual sale. 

Virginia foreclosure laws do permit lenders to seek deficiency judgments against borrowers without any limitations.

For more information on Vermont foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.