Summary of Virginia's Foreclosure Laws

If you are facing foreclosure in Virginia, it’s important to understand some of the basics, including:

the most common type of foreclosure procedure (judicial v. nonjudicial) used in Virginia
how much time you have to respond
your rights and protections in the process, and
what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Virginia foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic	State Rule
Common type of foreclosure process	Nonjudicial: under power of sale in deed of trust
Time to respond	Foreclosing party must serve notice of sale on homeowner by mail or publication. Homeowner has 14 days to respond if service is by mail. If foreclosing party uses publication, generally notice must be published in a local newspaper of general circulation once a week for four consecutive weeks unless deed of trust provides for a different interval. (Rules for publication, or “advertisement,” are complicated.) Sale can be held eight to 30 days after last publication.
Reinstatement of loan before sale	No
Redemption after sale	Not allowed in nonjudicial foreclosures
Special protections for foreclosures involving high-cost mortgages	None
Special state protections for service members	Va. Code Ann. § 8.01-15.2
Deficiency judgments	May be obtained in a separate lawsuit after the sale
Cash exempted in bankruptcy	$5,000 for one person, $10,000 for a married couple
Notice to leave after house is sold	New owner does not have to give former owner notice before filing eviction lawsuit
Foreclosure statutes	Va. Code Ann. §§ 55-59 to 55-66.6