How a Virginia foreclosure works, from the 60-day notice to the deed
How the Virginia foreclosure process works: the 60-day notice, the newspaper ads and their 8-to-30-day window, the 10% deposit, and the 90-day senior-loan payoff.
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60 days
A Virginia owner-occupant must be sent written notice at least 60 days before a trustee's sale, and the sale cannot go forward unless the trustee has proof the notice was sent.
Key takeaways
- Virginia forecloses a deed of trust without a court. On default, at the lender's request, the trustee declares the whole debt due and sells the property at auction under the deed's own power of sale, by the rules in chapter 3 of title 55.1 of the Code of Virginia.
- The owner of an owner-occupied home must be sent written notice of the sale by certified or registered mail at least 60 days before it (14 days for other property), and the sale cannot go forward unless the trustee has proof the notice was sent.
- The sale is also advertised in a local newspaper, once a week for four weeks unless the deed of trust sets fewer, and it must fall at least 8 days after the first advertisement and no more than 30 days after the last. A postponed sale is advertised again.
- The trustee may require a deposit of up to 10% of the price before taking a bid, and most Virginia notices give the winner 15 days to settle. Since 2024, a buyer must certify that it will pay off any senior deed of trust or mortgage within 90 days of the trustee's deed being recorded.
- The proceeds pay the costs of sale, prior taxes, the debt and junior liens in that order, and the rest goes to the former owner. The trustee accounts for every dollar to the circuit court's commissioner of accounts within six months.
A Virginia foreclosure under a deed of trust needs no court. The trustee mails the owner a notice, advertises the property in the newspaper and sells it at auction, nearly always at the courthouse. Our records hold 727 upcoming Virginia sales in 87 counties and cities, and the next is on October 12, 2026. The rules are in chapter 3 of title 55.1 of the Code of Virginia. They are short, and several of them matter more to a bidder than the auction does: what the owner's notice must say, when the newspaper ads must run, the 10% deposit, and a 2024 rule that makes the buyer pay off any senior lien. This article sets them out in the order a sale meets them, each quoted from the Code.
Is Virginia a non-judicial foreclosure state?
Yes, for a deed of trust: on default the trustee sells the property at auction under the power the deed itself gives it, with no lawsuit and no court order.
A Virginia deed of trust conveys the property to a trustee to secure the loan, and the Code reads it as a contract: "Every deed of trust to secure debts or indemnify sureties is in the nature of a contract and shall be construed according to its terms to the extent not in conflict with the requirements of law." [1] Unless the deed says otherwise, it carries a power of sale. On a default, "at the request of any beneficiary the trustee shall forthwith declare all the debts and obligations secured by the deed of trust at once due and payable and may take possession of the property and proceed to sell the same at auction" [2].
No judge approves that sale. A court is involved only when someone asks it to be, for example to set aside a sale that was not properly advertised, which is covered below. That is what non-judicial foreclosure means. One caution on sources: guides that cite section 55-59 and the sections after it are using the numbers from before Virginia's property title was renumbered as title 55.1. Section 55.1-320 is the old "Code 1950, § 55-59;" [3], and several of these sections have been amended since, so check the current text.
Who the trustee is
A Virginia trustee must be a Virginia resident or a company organized under Virginia or federal law, and the lender can appoint a substitute trustee for any reason by recording an appointment.
Virginia limits who can act. "No person may be named or act, in person or by agent or attorney, as the trustee of a deed of trust conveying property to secure the payment of money or the performance of an obligation, either individually or as one of several trustees, unless such person is a resident of the Commonwealth." [4] A company qualifies only if "it is organized under the laws of the Commonwealth or of the United States" [5].
The lender is not bound to the trustee named in the deed. The lender, or the holders of more than half the debt, "shall have the right and power to appoint one or more substitute trustees for any reason" [6], and "The instrument of appointment shall be recorded in the office of the clerk in which the original deed of trust is recorded prior to or at the time of recordation of any instrument in which a power, right, authority, or duty conferred by the original deed of trust is exercised." [7] That is why the substitute trustee named on a Virginia notice is often a firm that handles foreclosures, not the person named in the deed of trust. Trustee firms lists the ones in our records.
Before the notice: default and the 120 days
Virginia's deed of trust chapter sets no waiting period after a default, but on most home loans a federal rule bars the first foreclosure notice until the loan is more than 120 days delinquent.
Many deeds of trust require the lender to send a notice of default before it accelerates the loan. Virginia does not make the lender prove that notice separately: once the statutory notice of sale is given, "there is a rebuttable presumption that the lienholder has complied with any requirement to provide notice of default contained in a deed of trust" [8].
Federal law sets the real starting line for most homes. A mortgage servicer may not make the first notice or filing for any foreclosure, judicial or not, until the loan is more than 120 days delinquent [9], with narrow exceptions.
Federal workers with a Virginia home have one more protection. A homeowner who defaults after a federal government shutdown begins, and who is a federal employee, a federal contractor or a contractor's employee, "shall be granted a 60-day stay of such proceeding if the homeowner, within 90 days of such closure or 90 days following the end of a closure of the United States government, whichever is later, requests a stay and provides written proof to his lender" [10]. The proof is a zero-dollar federal paystub, a furlough letter or a contractor's signed letter.
The 60-day notice to the owner
On an owner-occupied home, the owner must be sent written notice of the sale's time, date and place by certified or registered mail at least 60 days before it, 14 days on other property, and the sale cannot go forward without proof it was sent.
Besides the newspaper advertisement, "the trustee or the party secured shall give written notice of the time, date, and place of any proposed sale in execution of a deed of trust" [11]. Mailing it to the owner "by certified or registered mail" [12] is enough if it goes out "no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust" [13]. Junior lienholders, and condominium and property owners' associations that have filed liens, are sent the notice too, provided the lien was "recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale" [14].
What the owner's notice says. For an owner-occupied home, the notice must state "the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears; and the remaining total principal balance due on the instrument" [15]. It must also list HUD-certified housing counseling agencies and the statewide legal aid center, and carry this sentence: "This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency." [16]
The proof, which bidders see. "The foreclosure sale cannot go forward unless the trustee has proof that the notice has been sent." [17] On an owner-occupied home that proof is an affidavit: the trustee "shall not sell the property secured by the deed of trust without receiving an affidavit signed by the party that provided the notice required by § 55.1-321 confirming the notice was sent to the owner" [18]. Bidders get a copy: "Prior to commencing a foreclosure sale with respect to such real estate, the trustee shall provide copies of such affidavit and notice, with any personal financial information redacted, to each potential bidder." [19] If you are not handed one at the sale, ask.
What a defect means for a buyer. Less than you might fear. "Failure to comply with the requirements of notice contained in this section shall not affect the validity of the sale, and a purchaser for value at such sale shall be under no duty to ascertain whether such notice was validly given." [20] The newspaper advertisement is a different matter.
The newspaper ads, and the 8-to-30-day window
The trustee advertises the sale in a local newspaper, once a week for four weeks unless the deed of trust sets fewer, and the sale must fall at least eight days after the first ad and no more than 30 days after the last.
Where. The advertisement "shall be in a newspaper having a general circulation in the county or city in which the property to be sold, or any portion of such property, lies" [21], and "Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale." [22] Those printings are public, and they are where our records come from.
How many. If the deed of trust is silent, "the trustee shall advertise once a week for four successive weeks" [23]. In a city, or a county next to one, five days of advertising is enough instead: "publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate" [24]. A deed of trust can set its own number, down to a floor. Weekly advertisements must run "not less than once a week for two weeks" [25], and daily ones "not less than once a day for three days" [26].
The window. Whatever the schedule, "the sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement" [27]. A sale can therefore come quickly once the ads start: if the deed of trust sets two weekly printings, a sale the day after the second meets the statute, so long as the owner's 60 days have also run.
What the ad says. It must "identify the property by street address, if any, or, if none, shall give the general location of the property with reference to streets, routes, or known landmarks" [28]. "The advertisement shall also include the time, place, and terms of sale and shall give the name or names of the trustee or trustees." [29] And it must name someone "who may be able to respond to inquiries concerning the sale" [30]. The terms, meaning the deposit and the days allowed to settle, are in the ad. The notice of trustee's sale decoder reads the rest of one line by line.
Why the ad matters more than the mailing. A defective mailing does not void a sale, but "Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the property voidable by the court." [31] Count the printings and the days before you rely on a sale.
The ads come late in the 60 days. A Virginia notice we hold first appears in print a median of 35 days before its sale, across 999 sales, so the owner's mailed notice is usually the earlier warning. Virginia trustee sale laws keeps that figure beside the statutory minimum.
How long foreclosure takes in Virginia
On an owner-occupied home the sale comes at least 60 days after the mailed notice, and with the federal 120-day rule before that, the earliest sale is about six months after the first missed payment.
The newspaper ads run inside the 60 days, so at the minimum they add nothing. The arithmetic for a typical home loan is the 120 days of delinquency [9] and then the 60-day notice [13], about six months in all. Property that is not owner-occupied can move faster, on 14 days' notice.
A second mortgage held by a debt buyer takes longer. Since 2024, a junior lender foreclosing "shall submit to the trustee an affidavit affirming whether monthly statements were sent to the property owner for each period that any interest, fees, or other charges were assessed" [32], and must send the borrower a copy with "written notice that a request for sale shall be made of the trustee upon the expiration of 60 days from the day of mailing such notice" [33]. The sale, with its own 60-day notice, comes after that. The rule was added by chapter 803 of the 2024 Acts, "relating to foreclosure procedures; subordinate mortgage; affidavit required" [34], and it does not reach every second mortgage: "The provisions of this subsection shall not apply to subordinate lienholders who are either (a) the original creditor, (b) a mortgage servicer acting on behalf of the original creditor, (c) a national or state chartered bank, or (d) a federal or state chartered credit union." [35]
Postponements
A Virginia trustee can postpone a sale at its discretion without a new mailed notice, but the postponed sale must be advertised again the way the original was.
Postponement is the trustee's call: "In the event of postponement of sale, which may be done in the discretion of the trustee, no new or additional notice is required to be given" [36] under the mailing section. The newspaper is another matter: "advertisement of such postponed sale shall be in the same manner as the original advertisement of sale" [37]. So a postponed Virginia sale reappears in print, unlike in California or Arizona, where an announcement at the sale is the only notice. Trustee sale postponements compares the states.
Many Virginia notices also make a sale subject to confirmation afterward that the borrower had not filed for bankruptcy, reinstated or paid off the loan before it. If one of those turns out to have happened, the notices make the sale void and limit the buyer to the return of the deposit, without interest, so a winning bid is not final until the trustee confirms it.
The auction: where, when and how to bid
Virginia sales are held at the property, in front of the circuit court building or elsewhere in the county or city, on whatever day the ad names, and nearly all in our records are at the courthouse.
Where and when. The trustee sells "at the premises or in the front of the circuit court building or at such other place in the county or city in which the property or the greater part thereof lies" [38], "as the trustee may select upon such terms and conditions as the trustee may deem best" [39]. In practice the courthouse wins. 76% of the upcoming Virginia sales in our records are set at a circuit court building or judicial center, most often the John Marshall Courts Building at 400 North 9th Street in Richmond or the Fairfax County Judicial Center at 4110 Chain Bridge Road. There is no fixed sale day, as there is in Texas: sales fall on every weekday, at times from mid-morning into the afternoon, so read each ad.
Who bids, and the written bids. "Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid." [40] Those written bids are a Virginia feature: "Written one-price bids may be made and shall be received by the trustee from the beneficiary or any other person for entry by announcement of the trustee at the sale." [41] A lender can bid that way, and you are entitled to see what it bid: "Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids." [42] Ask before the bidding opens. The lender's bid, written or spoken, is usually a credit bid made with the debt rather than money, and it is the price you have to beat.
The deposit. "The trustee may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price, unless the deed of trust specifies a higher or lower maximum" [43]. Trustees use it. 98% of the 1,864 Virginia notices we have read state a 10% deposit, usually as 10% of the price or a fixed sum, whichever is lower, in cash or certified funds. Some limit how much of it may be in cash, so bring a cashier's check. The deposit is "refunded to the bidder unless the property is sold to him, otherwise to be applied to his credit in settlement" [44].
Settlement. The Code leaves the time to settle to the terms of sale, and the notices are consistent: 77% of them give the buyer 15 days from the sale to pay the balance. That is time to move money, not to apply for a loan. A winner who does not pay loses the deposit: if the buyer fails "to complete his purchase promptly", the deposit is "to be applied to pay the costs and expense of sale and the balance, if any, to be retained by the trustee as his compensation in connection with that sale" [45]. The cashier's check calculator works out checks that cover the deposit on any bid up to your maximum, and how to buy at a trustee sale covers the preparation that applies in every state.
Senior liens: the 90-day payoff rule
A Virginia sale pays prior taxes and junior liens from the proceeds but not a senior deed of trust, and since 2024 the buyer must certify that it will pay off any senior security instrument within 90 days of the trustee's deed being recorded.
Which lien is being foreclosed decides what you are buying. A sale under a first deed of trust pays the liens recorded after it from the proceeds, as far as the money goes. A sale under a second deed of trust leaves the first in place, and the buyer takes the property with it.
Virginia now puts a deadline on that. "Any purchaser at a foreclosure sale shall provide certification that such purchaser shall pay off any priority security instruments no later than 90 days from the date that the trustee's deed conveying the property pursuant to such sale is recorded in the land records." [46] The former borrower is protected if the buyer does not: the borrower can petition the circuit court "to recover from the purchaser any payments toward such priority lien amounts made by such person required to pay the instrument after the date of the foreclosure sale, plus any attorney fees and costs" [47]. The rule came in with the same 2024 act as the junior-lien affidavit [34]. For a bidder at a second-lien sale, the real price is the bid plus the senior payoff, due within about three months.
After the sale: proceeds, surplus and the commissioner of accounts
The trustee pays the costs of sale, prior taxes, the foreclosed debt and junior liens in that order, pays any surplus to the former owner, and accounts for it all to the circuit court's commissioner of accounts within six months.
The order of payment. The trustee must "account for the same to the commissioner of accounts pursuant to § 64.2-1309 and apply the same, first, to discharge the expenses of executing the trust, including a reasonable commission to the trustee" [48]; "secondly, to discharge all taxes, levies, and assessments, with costs and interest if they have priority over the lien of the deed of trust" [49]; "thirdly, to discharge in the order of their priority, if any, the remaining debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which sale is made, with lawful interest" [50]; and "fourthly, the residue of the proceeds shall be paid to the grantor or his assigns" [51]. The lender cannot rewrite that list: "such order of priorities shall not be changed or varied by the deed of trust" [52].
Surplus. The residue is the surplus, and it belongs to the former owner. If the owner died before the sale and the deed of trust does not say otherwise, the surplus "shall be paid by the trustee to the personal representative of the decedent" [53].
The commissioner of accounts. Virginia makes the trustee show its work. "Within six months after the date of a sale made under any recorded deed of trust, mortgage, or assignment for benefit of creditors, other than under a decree, the trustee shall return an account of the sale to the commissioner of accounts of the circuit court where the instrument was first recorded." [54] The commissioner reviews it: "The commissioner of accounts shall state, settle, and report to the court an account of the transactions of the trustee, which shall be recorded as other fiduciary reports." [55] A trustee that skips this pays for it: "Any trustee failing to comply with this section shall forfeit his commissions on such sale, unless such commissions are allowed by the court." [56] For anyone tracing surplus funds, that recorded account is the public record of what the sale brought and where the money went.
No redemption. Virginia's deed of trust statutes give the former owner no right to buy the property back after the sale. The chance to keep it is before the hammer falls. Nor does that chapter bar the lender from pursuing a shortfall, as Arizona's statute does for most homes, so a former owner facing one should take legal advice. What happens after a trustee sale follows the trustee's deed, surplus claims and deficiency across the states.
Possession: former owners and tenants
A former owner who stays is removed through an unlawful detainer case in general district court; a tenant keeps the lease unless the buyer will live in the home, and then gets at least 90 days' notice.
Former owners. The owner's notice says it is not a notice to vacate, and the sale does not move anyone out. The buyer's remedy is unlawful detainer: "In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession" [57].
Tenants. A landlord must tell tenants of a foreclosure notice "within five business days after written notice from the lender is received by the landlord" [58]. After the sale, what happens to a tenant depends on what the buyer will do with the home. A buyer who will live there must give written notice "notifying the tenant that the rental agreement is terminated and that the tenant must vacate the dwelling unit on a date not less than 90 days after the date of such written notice" [59]. Any other buyer, an investor included, takes the home with the lease: "the successor in interest shall acquire the dwelling unit subject to the rental agreement and the tenant shall be permitted to occupy the dwelling unit for the remaining term of the lease" [60]. Take advice before serving a tenant.
Before you bid in Virginia
- Read the terms in the ad. The deposit, the days to settle and any condition that the sale is confirmed afterward are printed there.
- Check which lien is being foreclosed. Junior liens are paid from the proceeds; a senior deed of trust stays, and you certify that you will pay it off within 90 days of the deed's recording.
- Ask for the affidavit and the written bids. On an owner-occupied home the trustee must give bidders the notice affidavit, and any bidder present can inspect the written bids.
- Bring the deposit in the form the ad names. Up to 10% of the price, usually capped at a fixed sum, often with a limit on cash.
- Have the balance ready in 15 days, or whatever the ad says. A late buyer loses the deposit.
- Confirm the sale is still on. Postponements are at the trustee's discretion and are re-advertised, but call the contact named in the ad before you travel.
- Plan for possession. A former owner leaves through unlawful detainer; a tenant keeps the lease or gets 90 days.
Upcoming sales, county by county, are on Virginia trustee sales; trustee sale laws by state compares Virginia's rules with the other states we cover.
Sources
60 primary- [1]Va. Code § 55.1-320 — Virginia General Assembly“Every deed of trust to secure debts or indemnify sureties is in the nature of a contract and shall be construed according to its terms to the extent not in conflict with the requirements of law.”
- [2]Va. Code § 55.1-320(7) — Virginia General Assembly“at the request of any beneficiary the trustee shall forthwith declare all the debts and obligations secured by the deed of trust at once due and payable and may take possession of the property and proceed to sell the same at auction”
- [3]Va. Code § 55.1-320 (history) — Virginia General Assembly“Code 1950, § 55-59;”
- [4]Va. Code § 55.1-317(A) — Virginia General Assembly“No person may be named or act, in person or by agent or attorney, as the trustee of a deed of trust conveying property to secure the payment of money or the performance of an obligation, either individually or as one of several trustees, unless such person is a resident of the Commonwealth.”
- [5]Va. Code § 55.1-317(A) — Virginia General Assembly“unless it is organized under the laws of the Commonwealth or of the United States”
- [6]Va. Code § 55.1-320(9) — Virginia General Assembly“shall have the right and power to appoint one or more substitute trustees for any reason”
- [7]Va. Code § 55.1-320(9) — Virginia General Assembly“The instrument of appointment shall be recorded in the office of the clerk in which the original deed of trust is recorded prior to or at the time of recordation of any instrument in which a power, right, authority, or duty conferred by the original deed of trust is exercised.”
- [8]Va. Code § 55.1-321(C) — Virginia General Assembly“there is a rebuttable presumption that the lienholder has complied with any requirement to provide notice of default contained in a deed of trust”
- [9]12 CFR § 1024.41(f)(1) — Consumer Financial Protection Bureau“A servicer shall not make the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process unless: (i) A borrower's mortgage loan obligation is more than 120 days delinquent”
- [10]Va. Code § 44-209(C) — Virginia General Assembly“shall be granted a 60-day stay of such proceeding if the homeowner, within 90 days of such closure or 90 days following the end of a closure of the United States government, whichever is later, requests a stay and provides written proof to his lender”
- [11]Va. Code § 55.1-321(A) — Virginia General Assembly“the trustee or the party secured shall give written notice of the time, date, and place of any proposed sale in execution of a deed of trust”
- [12]Va. Code § 55.1-321(A) — Virginia General Assembly“Mailing of a copy of the advertisement or a notice containing the same information to the owner by certified or registered mail”
- [13]Va. Code § 55.1-321(A) — Virginia General Assembly“no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust”
- [14]Va. Code § 55.1-321(A) — Virginia General Assembly“recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale and whose address is recorded with the deed of trust”
- [15]Va. Code § 55.1-321(F) — Virginia General Assembly“the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears; and the remaining total principal balance due on the instrument”
- [16]Va. Code § 55.1-321(E) — Virginia General Assembly“This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency.”
- [17]Va. Code § 55.1-321(A) — Virginia General Assembly“The foreclosure sale cannot go forward unless the trustee has proof that the notice has been sent.”
- [18]Va. Code § 55.1-320(10) — Virginia General Assembly“the trustee of such deed of trust shall not sell the property secured by the deed of trust without receiving an affidavit signed by the party that provided the notice required by § 55.1-321 confirming the notice was sent to the owner”
- [19]Va. Code § 55.1-320(10) — Virginia General Assembly“Prior to commencing a foreclosure sale with respect to such real estate, the trustee shall provide copies of such affidavit and notice, with any personal financial information redacted, to each potential bidder.”
- [20]Va. Code § 55.1-321(C) — Virginia General Assembly“Failure to comply with the requirements of notice contained in this section shall not affect the validity of the sale, and a purchaser for value at such sale shall be under no duty to ascertain whether such notice was validly given.”
- [21]Va. Code § 55.1-322(A) — Virginia General Assembly“shall be in a newspaper having a general circulation in the county or city in which the property to be sold, or any portion of such property, lies”
- [22]Va. Code § 55.1-322(B) — Virginia General Assembly“Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale.”
- [23]Va. Code § 55.1-322(A)(2) — Virginia General Assembly“the trustee shall advertise once a week for four successive weeks”
- [24]Va. Code § 55.1-322(A)(2) — Virginia General Assembly“if the property or some portion of such property is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate”
- [25]Va. Code § 55.1-322(A)(1) — Virginia General Assembly“it shall be published not less than once a week for two weeks”
- [26]Va. Code § 55.1-322(A)(1) — Virginia General Assembly“if such advertisement be inserted on a daily basis, it shall be published not less than once a day for three days, which may be consecutive days”
- [27]Va. Code § 55.1-322(A)(1) — Virginia General Assembly“the sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement”
- [28]Va. Code § 55.1-323(A) — Virginia General Assembly“it shall identify the property by street address, if any, or, if none, shall give the general location of the property with reference to streets, routes, or known landmarks”
- [29]Va. Code § 55.1-323(A) — Virginia General Assembly“The advertisement shall also include the time, place, and terms of sale and shall give the name or names of the trustee or trustees.”
- [30]Va. Code § 55.1-323(A) — Virginia General Assembly“It shall set forth the name, address, and telephone number of a person, either a trustee or the party secured or his agent or attorney who may be able to respond to inquiries concerning the sale.”
- [31]Va. Code § 55.1-322(E) — Virginia General Assembly“Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the property voidable by the court.”
- [32]Va. Code § 55.1-321(A1) — Virginia General Assembly“such subordinate mortgage lienholder shall submit to the trustee an affidavit affirming whether monthly statements were sent to the property owner for each period that any interest, fees, or other charges were assessed”
- [33]Va. Code § 55.1-321(A1) — Virginia General Assembly“written notice that a request for sale shall be made of the trustee upon the expiration of 60 days from the day of mailing such notice”
- [34]2024 Va. Acts ch. 803 (H.B. 184) — Virginia General Assembly“relating to foreclosure procedures; subordinate mortgage; affidavit required”
- [35]Va. Code § 55.1-321(A1) — Virginia General Assembly“The provisions of this subsection shall not apply to subordinate lienholders who are either (a) the original creditor, (b) a mortgage servicer acting on behalf of the original creditor, (c) a national or state chartered bank, or (d) a federal or state chartered credit union.”
- [36]Va. Code § 55.1-321(D) — Virginia General Assembly“In the event of postponement of sale, which may be done in the discretion of the trustee, no new or additional notice is required to be given”
- [37]Va. Code § 55.1-322(D) — Virginia General Assembly“advertisement of such postponed sale shall be in the same manner as the original advertisement of sale”
- [38]Va. Code § 55.1-320(7) — Virginia General Assembly“at the premises or in the front of the circuit court building or at such other place in the county or city in which the property or the greater part thereof lies”
- [39]Va. Code § 55.1-320(7) — Virginia General Assembly“as the trustee may select upon such terms and conditions as the trustee may deem best”
- [40]Va. Code § 55.1-324(A)(1) — Virginia General Assembly“Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid.”
- [41]Va. Code § 55.1-324(A)(1) — Virginia General Assembly“Written one-price bids may be made and shall be received by the trustee from the beneficiary or any other person for entry by announcement of the trustee at the sale.”
- [42]Va. Code § 55.1-324(A)(1) — Virginia General Assembly“Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids.”
- [43]Va. Code § 55.1-324(A)(2) — Virginia General Assembly“The trustee may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price, unless the deed of trust specifies a higher or lower maximum”
- [44]Va. Code § 55.1-324(A)(2) — Virginia General Assembly“which shall be refunded to the bidder unless the property is sold to him, otherwise to be applied to his credit in settlement”
- [45]Va. Code § 55.1-324(A)(2) — Virginia General Assembly“should he fail to complete his purchase promptly, to be applied to pay the costs and expense of sale and the balance, if any, to be retained by the trustee as his compensation in connection with that sale”
- [46]Va. Code § 55.1-321(A2) — Virginia General Assembly“Any purchaser at a foreclosure sale shall provide certification that such purchaser shall pay off any priority security instruments no later than 90 days from the date that the trustee's deed conveying the property pursuant to such sale is recorded in the land records.”
- [47]Va. Code § 55.1-321(A2) — Virginia General Assembly“to recover from the purchaser any payments toward such priority lien amounts made by such person required to pay the instrument after the date of the foreclosure sale, plus any attorney fees and costs”
- [48]Va. Code § 55.1-324(A)(3) — Virginia General Assembly“account for the same to the commissioner of accounts pursuant to § 64.2-1309 and apply the same, first, to discharge the expenses of executing the trust, including a reasonable commission to the trustee”
- [49]Va. Code § 55.1-324(A)(3) — Virginia General Assembly“secondly, to discharge all taxes, levies, and assessments, with costs and interest if they have priority over the lien of the deed of trust”
- [50]Va. Code § 55.1-324(A)(3) — Virginia General Assembly“thirdly, to discharge in the order of their priority, if any, the remaining debts and obligations secured by the deed, and any liens of record inferior to the deed of trust under which sale is made, with lawful interest”
- [51]Va. Code § 55.1-324(A)(3) — Virginia General Assembly“fourthly, the residue of the proceeds shall be paid to the grantor or his assigns”
- [52]Va. Code § 55.1-324(A)(3) — Virginia General Assembly“such order of priorities shall not be changed or varied by the deed of trust”
- [53]Va. Code § 55.1-331 — Virginia General Assembly“shall be paid by the trustee to the personal representative of the decedent”
- [54]Va. Code § 64.2-1309(A) — Virginia General Assembly“Within six months after the date of a sale made under any recorded deed of trust, mortgage, or assignment for benefit of creditors, other than under a decree, the trustee shall return an account of the sale to the commissioner of accounts of the circuit court where the instrument was first recorded.”
- [55]Va. Code § 64.2-1309(A) — Virginia General Assembly“The commissioner of accounts shall state, settle, and report to the court an account of the transactions of the trustee, which shall be recorded as other fiduciary reports.”
- [56]Va. Code § 64.2-1309(A) — Virginia General Assembly“Any trustee failing to comply with this section shall forfeit his commissions on such sale, unless such commissions are allowed by the court.”
- [57]Va. Code § 8.01-126(B) — Virginia General Assembly“In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession”
- [58]Va. Code § 55.1-1237(A) — Virginia General Assembly“within five business days after written notice from the lender is received by the landlord”
- [59]Va. Code § 55.1-1237(C)(1) — Virginia General Assembly“notifying the tenant that the rental agreement is terminated and that the tenant must vacate the dwelling unit on a date not less than 90 days after the date of such written notice”
- [60]Va. Code § 55.1-1237(C)(2) — Virginia General Assembly“the successor in interest shall acquire the dwelling unit subject to the rental agreement and the tenant shall be permitted to occupy the dwelling unit for the remaining term of the lease”
Questions
Is Virginia a non-judicial foreclosure state?
Yes, for a loan secured by a deed of trust. On default, at the lender's request, the trustee named in the deed of trust declares the whole debt due and sells the property at auction without a lawsuit or a court order, under section 55.1-320 of the Code of Virginia. A court becomes involved only if someone petitions it, for example to set aside a sale that was not properly advertised.
How long does foreclosure take in Virginia?
On an owner-occupied home, at least 60 days from the mailed notice of sale to the sale itself. On most home loans a federal rule bars that notice until the loan is more than 120 days delinquent, so the earliest sale comes about six months after the first missed payment. Postponements add time, and a junior lender that is not the original lender, its servicer, a bank or a credit union must first give the borrower its own 60-day notice.
How much notice is required before a foreclosure sale in Virginia?
For an owner-occupied home, written notice of the time, date and place of the sale, sent to the owner by certified or registered mail at least 60 days before it; for other property, 14 days. The notice to an owner-occupant must also state the arrears and the remaining balance, give housing counseling and legal aid contacts, and say that it is not a notice to vacate. The sale is advertised in a newspaper as well.
How much deposit do you need at a Virginia foreclosure auction?
Whatever the advertisement states, up to 10% of the sale price unless the deed of trust sets another maximum. Most Virginia notices ask for 10% of the price or a fixed sum, whichever is lower, in cash or certified funds, and give the winner 15 days to settle the rest. A winner who does not complete the purchase promptly loses the deposit.
Is there a right of redemption after a foreclosure sale in Virginia?
Virginia's deed of trust statutes give the former owner no right to buy the property back after the trustee's sale. The time to keep it is before the sale: by curing the default if the lender or the deed of trust allows it, paying off the loan, or reaching an agreement with the lender that postpones or cancels the sale.
Where are foreclosure auctions held in Virginia?
At the property, in front of the circuit court building, or at another place in the county or city where the property lies, as the trustee chooses and the advertisement states. In practice nearly all are at the courthouse: almost every upcoming Virginia sale in our records is set at a circuit court building or judicial center, such as the John Marshall Courts Building in Richmond or the Fairfax County Judicial Center.
What happens to the first mortgage when a second is foreclosed in Virginia?
It is not paid from the sale. The proceeds go to the costs of sale, taxes with priority, the foreclosed debt and junior liens, so a senior deed of trust stays on the property. Since 2024 the buyer must certify that it will pay off any senior security instrument within 90 days of the trustee's deed being recorded, and a former borrower who keeps paying that loan after the sale can recover the payments from the buyer in court.
What happens to surplus funds after a Virginia foreclosure sale?
After the costs of sale, taxes with priority, the foreclosed debt and any junior liens of record are paid in order, the trustee pays the rest to the former owner, or to the owner's personal representative if the owner died before the sale. The trustee must account for the sale to the commissioner of accounts within six months, and that account is recorded like other fiduciary reports.
How to cite this article
Quote freely with a link. Where a claim rests on a statute, the source above is the authority; cite it alongside this page.
TrusteeSaleData. "How a Virginia foreclosure works, from the 60-day notice to the deed." Published October 9, 2026. https://www.trusteesaledata.com/blog/virginia-foreclosure-process
Related
- Arizona's trustee sale, from recorded notice to deedHow an Arizona trustee sale works: the 91 days after the recorded notice, the lender's bid released the day before, the $10,000 deposit and next-day payment.
- The California trustee sale, and the 45 days after itHow a California trustee sale runs: the notice of default, the 20-day notice of sale, payment in full at the auction, the 67% first-sale floor and the 45 days after it.
- The Colorado public trustee sale, from notice to deedHow a Colorado public trustee sells a foreclosed home: the court order, the lender's bid posted two business days ahead, the weekly auction and the days after it.