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Vermont · Weigh your options

What happens after a foreclosure sale in Vermont

In Vermont your right to redeem comes before the sale, not after, so once the auction happens you cannot buy the home back by law. The sale is not final until the court confirms it, and that is when any surplus is ordered paid to you and any deficiency must be requested. After that, the new owner can have a sheriff remove you no sooner than 14 days after a writ is served.

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Reviewed against Vermont law and official sources on October 12, 2026. General information, not legal advice.

What happens after the sale in Vermont, in order

  1. Report of sale and request for confirmation

    Shortly after the auction

    The lender files a sworn report of the sale with an accounting of the money and mails a copy to you. Read it carefully. Tell the court in writing if you think the sale or the numbers are wrong.

    12 V.S.A. § 4954(a)

  2. Confirmation order and transfer of title

    When the court signs the order and it is recorded

    The court can confirm the sale without a hearing. Once the order is recorded in the town land records, title passes to the buyer, and the order is strong proof the sale was done correctly.

    12 V.S.A. § 4954(a), (b)

  3. Surplus paid to you

    Set out in the confirmation order

    After sale costs and the lender are paid, extra money goes to other lienholders in order of priority, and anything left is paid to you. The lender may take its mediation costs out of a surplus first.

    12 V.S.A. §§ 4637(c), 4954(c)

  4. Deficiency request deadline

    Before the confirmation order is issued

    The lender can get a deficiency judgment only if it asked for one in the complaint and asks again before confirmation. If it does not, the deficiency is waived. VTLawHelp notes that some income and property are protected from collection even if a judgment is entered.

    12 V.S.A. § 4954(d)

  5. Writ of possession

    At least 14 days after the sheriff serves it

    If you are still in the home, the clerk issues a writ of possession at the plaintiff's request with court approval. The sheriff serves it and cannot remove you sooner than 14 days later.

    12 V.S.A. §§ 4854, 4946(d)

  6. If the buyer does not pay

    After confirmation

    If the winning bidder fails to pay the rest of the price, the down payment is forfeited and the court vacates the confirmation. After a hearing, the court may confirm the sale to the second-highest bidder.

    12 V.S.A. § 4954(e)

The three questions that matter after a sale

Can I get the home back in Vermont?

Limited redemption

Your right to redeem comes before the sale, not after. The court sets a redemption period, normally six months from the decree for a home you live in. You can redeem at any time before the public sale by paying the full amount due under the judgment plus later costs, or less if the lender agrees and the court approves. In a strict foreclosure, title passes to the lender if you do not redeem by the deadline.

12 V.S.A. §§ 4941, 4946, 4949

Can the lender come after me for the rest?

Limited

The lender can get a deficiency judgment if the sale does not cover the debt and sale costs, but only if it asked for one in the foreclosure complaint and requests it before the court issues the confirmation order. If it does not, the deficiency is waived.

12 V.S.A. § 4954(d)

What if the home sold for more than I owed?

After a judicial sale, the confirmation order directs how the money is paid. Sale costs and the lender are paid first, then other lienholders in order of priority. Anything left must be paid to you as the mortgagor. Watch for the report of sale and request for confirmation, which must be mailed to you, and tell the court if you believe money is owed to you.

12 V.S.A. § 4954(a), (c)

Common questions in Vermont

Is there a redemption period after a Vermont foreclosure sale?

No. Under 12 V.S.A. section 4949, you can redeem any time before the public sale, on top of the redemption period in the decree. After the auction, the only ways to keep the home are an agreement with the buyer or a successful challenge to the sale.

Will I owe money after a Vermont foreclosure?

Only if the sale does not cover the debt and costs, and the lender asked for a deficiency in its complaint and again before the confirmation order. VTLawHelp says many banks do not ask. If you got the report of sale, check whether it asks for a deficiency.

How do I get surplus money from a Vermont foreclosure sale?

The confirmation order itself directs where the money goes, and anything left after lienholders are paid goes to you as the mortgagor. Make sure the court has your current mailing address, read the report of sale when it comes, and tell the court if you believe money is owed to you.

Step by step

More on foreclosure in Vermont

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. 12 V.S.A. § 4854, Judgment for plaintiff; writ of possession
  2. Vermont Supreme Court, Order amending V.R.C.P. 80.1(b)(3), effective January 1, 2025
  3. VTLawHelp: Foreclosure in Vermont
  4. VTLawHelp: More Foreclosure Help
  5. 12 V.S.A. Chapter 172: Foreclosure of Mortgages
  6. 12 V.S.A. Chapter 163 (includes §§ 4631 to 4637, foreclosure mediation)
  7. VTLawHelp: Foreclosure Process in Vermont
  8. VTLawHelp: Foreclosure Mediation
  9. Vermont Attorney General: Foreclosures
  10. Vermont Housing Finance Agency: COVID Homeowner Assistance Program
  11. Vermont Judiciary: Eviction and Foreclosure