Virginia Foreclosure Authority

Owner-Occupied Protections & The 60-Day Notice (Updated Feb 2026)

The Virginia 2026 Foreclosure Clock

Process Stage	Timing	Legal Requirement
Breach Letter	Day 30+	Required by most Deeds of Trust before acceleration.
Notice of Sale (NOS)	Day 60 (Pre-Sale)	Must be mailed 60 days before auction for primary residences.
Advertisement	Weeks 1-4	Notice published in local paper (frequency set by contract).
The Auction	Any Day	Usually held on courthouse steps (no judicial order needed).
Possession	Immediate	No redemption period. Former owner becomes a "tenant at sufferance."

*Per Va. Code § 55.1-321. Note: The 60-day rule replaced the old 14-day requirement for primary homes.

Virginia Is a Recourse State

In Virginia, the bank doesn't just take the house; they can take your future wages too. If the home sells for less than you owe, the lender can sue for a Deficiency Judgment. Our verified providers are local experts who audit Substitute Trustee appointments and notice compliance to stop the sale before the hammer falls.

Virginia Frequently Asked Questions

What happened to the 14-day rule?

While the "Power of Sale" used to allow foreclosure in as little as 14 days, Virginia Code § 55.1-321 now mandates a **60-day notice period** for owner-occupied residential properties. If you received a notice with a shorter window, the sale may be legally defective.

Can I be sued after the foreclosure?

Yes. Unlike "Anti-Deficiency" states like Arizona, Virginia allows lenders to file a separate lawsuit for the balance remaining on the note. These judgments can be enforced via wage garnishment or bank levies for up to **20 years** (and can be renewed for another 20).

What is a "Tenant at Sufferance"?

Once the foreclosure sale is final, you no longer own the home. Under Virginia law, you become a "tenant at sufferance." The new owner (often the bank) must file an **Unlawful Detainer** action to evict you, which typically starts with a 5-day notice to quit.