Virginia foreclosure laws permit both judicial and nonjudicial foreclosures. Most lenders opt for the nonjudicial path because it's faster and easier. In fact, once started, the Virginia foreclosure timeline is pretty fast, taking just a couple of months. Fortunately, in most cases, federal law requires the bank to wait 120 days before starting the foreclosure.
Also, in most cases, federal law requires the bank to contact you before the foreclosure officially starts to discuss foreclosure alternatives. You might be able to avoid losing your home by paying the overdue amount or qualifying for another option, like a loan modification.
This article explains the steps in the Virginia foreclosure process and key protections under Virginia's foreclosure laws. Learn how nonjudicial foreclosures work, including the mandatory 60-day notice (for most homeowners) and newspaper advertisement requirements, as well as whether you'll face a deficiency judgment and if you get a redemption period after a foreclosure sale.
When Will a Virginia Foreclosure Start?
Under federal law, a servicer usually can't move forward with a foreclosure before the borrower is over 120 days delinquent. (12 C.F.R. § 1024.41 (2025).)
During this time, you might receive a breach letter. Some deeds of trust in Virginia have a provision that requires the bank to send the borrower a breach letter upon loan default. If you don’t cure the default, the lender can accelerate the loan (call it due) and go ahead with the foreclosure.
The law also generally requires servicers to work with borrowers who are having trouble making their monthly payments in a loss mitigation process. Once the servicer receives a complete loss mitigation application from the borrower, it must evaluate the application, inform the borrower of the outcome, and wait for any appeal period to expire before starting the foreclosure process allowed under Virginia law.
Judicial vs. Nonjudicial Foreclosure in Virginia
Virginia law allows two kinds of foreclosure: judicial and nonjudicial. Here’s a summary of each process.
Judicial Foreclosures Are Allowed in Virginia
This foreclosure method utilizes the court system and will begin when the bank files a lawsuit setting forth why it's entitled to sell the home at auction. If, after considering the evidence, the court agrees that foreclosure is proper, it will enter a judgment allowing the bank to facilitate the foreclosure sale and apply the proceeds toward the mortgage debt. If no third parties bid on the property at the sale, the home will go to the foreclosing bank.
Nonjudicial Foreclosures Are Allowed in Virginia
In a nonjudicial foreclosure, the bank isn’t required to sue you in court before foreclosing on your home. Instead, it will follow the steps outlined in state law. Once complete, the bank can sell the home at a foreclosure sale.
Most foreclosures in Virginia are nonjudicial in nature. So, that process is described below.
Required Foreclosure Notices: 60-Day Rule and Publication Requirements
A bank isn’t required to do much in the Virginia foreclosure process. The minimal steps require the bank to do two things: send one foreclosure notice and publish a notice of the sale in the newspaper.
Foreclosure Notice in Virginia
The bank or trustee must give you a notice of sale, usually by mail, no less than 60 days (previously, 14 days) before the sale if the home is owner-occupied. The notice must include information about legal aid and how to contact a HUD-approved housing counselor. (Va. Code § 55.1-321 (2025).)
Newspaper Publication in a Virginia Foreclosure
The bank or trustee must publish the notice of sale in a newspaper in the manner specified in the loan contract, but not less than once per week for two weeks or three days if published on consecutive days. If the loan agreement is silent on the publishing requirements, the notice must be published once per week for four weeks or on five consecutive days. (Va. Code § 55.1-322 (2025).)
Options Available for Virginia Borrowers During Foreclosure
States often have a law that gives the borrower the ability to prevent the foreclosure by “curing the default” (getting caught up on the loan payments in one lump sum) in a process called “reinstating” the loan. While Virginia law doesn’t give borrowers a reinstatement right, many loan contracts permit it under certain conditions. You should refer to your contract or call your servicer. The bank might agree to allow you to reinstate the loan.
Alternatively, you might qualify for a loss mitigation option, such as a loan modification, that would reduce your monthly payments to make them more affordable.
You might also consider filing for bankruptcy. Filing for Chapter 7 bankruptcy can delay the foreclosure for a couple of months and eliminate other debts, including a foreclosure deficiency judgment. But if you're behind in mortgage payments when you file, you probably will have to give up the home. If you want to keep your home and you're behind in payments, filing for Chapter 13 bankruptcy might allow you to keep it through a repayment plan. To find out about the options available, speak with a local bankruptcy attorney.
Are Deficiency Judgments Allowed in Virginia?
Borrowers left with a mortgage balance after the foreclosure sale could face a deficiency judgment. A “deficiency” remains when the foreclosure sale price isn’t enough to pay off the mortgage debt. In Virginia, the bank must file a lawsuit after the nonjudicial foreclosure to get a deficiency judgment against the borrower before it can take steps to collect the outstanding amount. (Va. Code § 8.01-241 (2025).)
If you're liable for a deficiency judgment, you might be able to discharge it (eliminate it) in bankruptcy. To find out more about this possibility, consult with a knowledgeable bankruptcy attorney in your area.
Can I Get My House Back After a Virginia Foreclosure During a Redemption Period?
Many states give a foreclosed homeowner time to buy back or “redeem” their home after the foreclosure sale. However, Virginia foreclosure laws don't provide a post-foreclosure redemption period.
Getting Help With Foreclosure in Virginia
Virginia foreclosure laws involve strict procedural requirements, and errors by lenders or servicers, including miscalculated payments, improper notices, or failure to comply with Virginia foreclosure laws could provide you with a legal defense. If your servicer violated state or federal laws, you might be able to stop the foreclosure or gain leverage when working out a foreclosure alternative, like a loan modification.
Consider talking to a Virginia foreclosure defense attorney to learn about your rights and options. If you can't afford to hire an attorney, VALegalAid.org provides foreclosure prevention information and, in some cases, legal assistance to homeowners facing foreclosure.
Also, a HUD-approved housing counselor (888-995-HOPE) can provide no-cost foreclosure prevention strategies and loss mitigation assistance.