Virginia Foreclosure Laws: Process, Timeline and Your Rights

Virginia law provides for non-judicial foreclosure of a deed of trust: on default, the trustee named in the deed of trust (or a substitute trustee) can sell the property at a public sale after giving the written notices and newspaper advertisement required by statute, without a court case.

Before a trustee's sale, the trustee or lender must give written notice of the time, date and place of the sale to the current owner by certified or registered mail no less than 60 days before the sale for owner-occupied residential property (14 days for other property), and to recorded junior lienholders and associations that have filed liens. For owner-occupied homes, the notice must include the website of HUD's Office of Housing Counseling listing HUD-approved counselors. The sale must also be advertised in a newspaper of general circulation where the property is located; if the deed of trust sets the number of ads, weekly ads must run at least once a week for two weeks (or daily ads at least once a day for three days), and the sale must be held no earlier than eight days after the first ad and no more than 30 days after the last ad.

The statute requires the written notice of sale to reach an owner-occupied homeowner no less than 60 days before the sale (14 days for other property), and a sale held after newspaper advertising must take place no earlier than eight days after the first advertisement and no more than 30 days after the last one. The trustee may postpone a sale without new notice.

A landlord of a single-family rental must tell the tenant (or prospective tenant) in writing within five business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if the landlord fails to do so, the tenant may end the lease on at least five business days' written notice. If the home is sold at foreclosure, a buyer who will live there as a primary residence must give the tenant written notice ending the lease and a move-out date at least 90 days after the notice. A buyer acquiring it for any other purpose takes the home subject to the lease, and the tenant may stay for the rest of the lease term (subject to the law's termination rules).

Yes. A property owners' association can perfect a lien for unpaid assessments by filing a memorandum of lien within 12 months after the first unpaid assessment became due, after sending the owner a certified-mail notice at least 10 days before filing. The association may foreclose (judicially or non-judicially) only if the total amount secured is more than $5,000, not counting attorney fees and costs, and must start within 120 months after recording the lien. For a non-judicial sale, the association must first give the owner notice of the debt and a deadline at least 60 days away to pay it, and tell the owner of the right to go to court to raise defenses.

Yes, but it is a "buyer beware" form rather than a detailed condition report. The owner of residential real property must give the buyer a residential property disclosure statement, published by the Real Estate Board on its website, stating among other things that the owner makes no representations or warranties about the property's condition and that buyers should do their own due diligence, such as a home inspection.

The owner (or heirs or successors) may redeem real estate subject to a tax sale proceeding at any time before the date set for the judicial sale by paying into court all taxes, penalties and interest due (including amounts owed to a town or other taxing entity) plus all costs, including publication costs and a reasonable attorney fee set by the court.

Virginia Housing, the state housing finance agency, offers a Borrower's Assistance Program for its own mortgage customers who are struggling to pay (loss mitigation questions: 888-756-8603). By law, foreclosure notices on owner-occupied homes must give the website of HUD's Office of Housing Counseling, which lists HUD-approved housing counselors.