Foreclosure in Virginia: how it works, how long it takes, what rights you keep

Virginia’s trustee sale can follow a single newspaper notice within weeks, which is why the legislature added a 60-day notice requirement for owner-occupied homes in 2021. Here is what that means for a homeowner who has fallen behind.

Process	Non-judicial
Typical timeline	2 to 4 months from first notice or filing to sale
Redemption after sale	Virginia provides no statutory right of redemption after a trustee’s sale.
Mediation	No statewide program
Deficiency judgment	Allowed
State housing agency	Virginia Housing (formerly VHDA)

How foreclosure works in Virginia

Virginia deeds of trust are foreclosed by the trustee without a court. For owner-occupied residential property, the lender must send a written notice at least 60 days before the sale; the trustee then advertises the sale in a newspaper (as the deed of trust specifies, typically once a week for two to four weeks) and mails notice of the sale date at least 14 days in advance. The sale is held at the courthouse or as advertised.

The timeline in Virginia

Count two clocks. The federal one runs first: no foreclosure filing until you are more than 120 days behind, and a pause whenever a complete loss mitigation application is pending. Then Virginia’s clock: 2 to 4 months is the usual span from the first notice or filing to the sale when nothing is contested — longer if you answer, request mediation, or the servicer stumbles on a notice. The milestone-by-milestone federal calendar is in what happens at 30, 60, 90 and 120 days.

Can you stop it with money?

Virginia provides no statutory right of redemption after a trustee’s sale. The homeowner may reinstate (if the deed of trust allows) or pay off the loan before the sale. Read the two ways to stop a foreclosure with money before you send anything.

What Virginia law gives you

The 60-day pre-sale notice for owner-occupied homes (2021), the 14-day sale notice, and recent statutes restricting dual tracking are Virginia’s state-level protections. Virginia Housing funds HUD-approved counselors, and Legal Aid offices across the state assist eligible homeowners.

Is there foreclosure mediation in Virginia?

Virginia has no foreclosure mediation program and no court involvement in a standard trustee sale. The 60-day notice period for owner-occupied homes is the structured window to complete a loss mitigation application and, if needed, seek an injunction.

Assistance funds and the state housing agency

The Virginia Mortgage Relief Program, administered by Virginia Housing with Homeowner Assistance Fund money, paid mortgage arrears, property taxes, insurance and association dues for eligible homeowners. It closed to new applications when its allocation was committed; Virginia Housing’s site lists current counseling resources.

The 60-day notice law, Virginia Housing’s counseling network, and the Virginia Fair Housing Office’s resources are the state-specific features. Virginia’s homestead exemption does not prevent foreclosure of a consensual deed of trust. Start with a free HUD-approved counselor, and avoid anyone who charges an upfront fee: see foreclosure rescue scams.

Deficiency judgments in Virginia

A deficiency action is a suit on the note, subject to Virginia’s five-year limitation period for written contracts (longer for instruments under seal) — verify with counsel. Virginia has no anti-deficiency statute for residential mortgages. Written waivers in short sales and deeds in lieu are the practical protection; many servicers do not pursue deficiencies on owner-occupied homes. See which states bar deficiencies and the defenses elsewhere.

Frequently asked questions

How long does foreclosure take in Virginia?

In an uncontested case, 2 to 4 months from the first notice or filing to the sale — on top of the 120 days of delinquency federal rules require first. Answering a lawsuit, requesting mediation or submitting a complete loss mitigation application extends it.

Can I get my home back after a foreclosure sale in Virginia?

Virginia provides no statutory right of redemption after a trustee’s sale. The homeowner may reinstate (if the deed of trust allows) or pay off the loan before the sale.

Can the lender sue me for the difference after foreclosure in Virginia?

A Virginia lender may sue the borrower for the deficiency remaining after a trustee’s sale. The sale price is credited, and the borrower may challenge a sale conducted improperly or for a grossly inadequate price. A deficiency action is a suit on the note, subject to Virginia’s five-year limitation period for written contracts (longer for instruments under seal) — verify with counsel.