Virginia · Non-judicial state · Va. Code §§ 55.1-320 to 55.1-322

Virginia is fast, and there is no buying it back.

No lawsuit, no judge, no hearing, and no redemption once the hammer falls. A trustee named in your deed of trust mails notice, advertises for a few weeks, and sells. One provision does most of the protecting: if you live in the home, that notice has to reach you sixty days before the sale rather than fourteen.

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Each is a different statute.

When you first fell behind.

Local pace is the variable.

Past steps fade out.

FHA and VA add steps.

A tenant gets 90 days under federal law.

Anything else true

Two dates decide a Virginia case. The postmark on the notice of sale, because sixty days means you have room to act and fourteen means you do not. And the sale itself, because nothing follows it: there is no redemption in Virginia.

What Florida gives you

Rights that exist because the property is in Florida, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

Regional legal aid programmes take foreclosure cases at no cost if you qualify by income. Start at FloridaLawHelp.org, which routes you to the programme covering your county.

HUD-approved housing counsellors are free everywhere in the state — 1-800-569-4287. Several circuits also run residential foreclosure mediation; ask the clerk whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Verified 8 September 2026 against the 2025 Florida Statutes and the Rules of Civil Procedure. That audit corrected ten items, including a dead citation for the deficiency limitation period, the wrong authority for the writ of possession, and a surplus claim deadline repealed in 2019. Statute text was verified; appellate case law was not, and two items — the paragraph 22 defence and current circuit mediation programmes — rest partly on secondary sources and should be confirmed by a Florida attorney before launch.

Questions people ask about Virginia foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Virginia?

A typical Virginia foreclosure runs roughly 175 days from the first missed payment to the trustee sale. Most of that is the federal rule barring any filing until the loan is more than 120 days delinquent; once the process starts it can move in weeks.

Is Virginia judicial or non-judicial?

Non-judicial. A trustee named in the deed of trust sends notice, advertises and sells, with no lawsuit, no judge and no hearing.

How much notice do I get before a foreclosure sale in Virginia?

For owner-occupied residential property, written notice must be sent by certified or registered mail at least 60 days before the sale. For property that is not owner-occupied residential it is 14 days. The trustee also may not sell owner-occupied residential property without an affidavit that the notice was sent. Va. Code 55.1-321, 55.1-320.

Is there a right of redemption after foreclosure in Virginia?

No. Virginia gives no right to buy the home back after a trustee sale, which is why the notice period and the advertising rules before the sale matter so much.

Can I reinstate my loan in Virginia by paying what I am behind?

There is no statutory right to reinstate in Virginia. Whether you can cure depends on your own deed of trust, and most standard forms do allow reinstatement up to shortly before the sale, so read the reinstatement paragraph before assuming either way.

Can they get a deficiency judgment in Virginia?

Yes. Virginia permits a claim for the shortfall after a trustee sale and does not cap it at fair market value the way several states do, subject to the ordinary limitation period on the note. Va. Code 8.01-246.