Virginia sells with no lawsuit, and there is no statutory right to buy it back.
No lawsuit, no judge, no hearing, and no statutory right to redeem 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.
Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.
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.
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.
Know someone facing foreclosure in Virginia? Send them this timeline. The link opens this page only; your dates stay with you.
When you use the Share button on this site, we count it, with no name attached. Browsers that send Do Not Track or Global Privacy Control are not counted.
Make the call.
Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.
“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.
Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.
Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.
Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.
What Virginia gives you
Rights that exist because the property is in Virginia, whatever a servicer tells you on the phone.
Where to get real help, free
Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.
HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor 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.
Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Virginia foreclosure attorney confirm anything that matters before you act.
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?
With no delays or disputes, a Virginia foreclosure runs roughly 194 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 many 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, no Virginia statute caps it at fair market value, and it is subject to the ordinary limitation period on the note. Va. Code 8.01-246.
Last verified: October 18, 2026. Every deadline and citation on this page was checked against Virginia law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.