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What happens after a foreclosure sale in Virginia

After a Virginia trustee's sale, the home belongs to the buyer once the deal closes, and Virginia law does not give you a right to buy it back. But you cannot be put out on the day of the sale. The buyer must give you notice and win an unlawful detainer case first. You may also owe a shortfall, or be owed a surplus.

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

What happens after the sale in Virginia, in order

  1. Trustee's deed and senior loans

    Days to weeks after the auction

    The trustee gives the buyer a deed. If a second mortgage was foreclosed, the buyer must certify it will pay off any first mortgage within 90 days after its deed is recorded. If you keep paying that first mortgage after the sale, you can ask the circuit court to make the buyer repay you.

    Va. Code § 55.1-321(A2)

  2. No right to buy the home back

    From the moment of the sale

    Virginia's deed of trust statutes do not provide a redemption period after a trustee's sale. Any chance to keep the home has to come before the auction.

  3. You become a tenant at sufferance

    From the sale date, if you stay

    If you are still in a single-family home on the sale date, the law treats you as a tenant at sufferance. You can be charged fair market rent from the date of the sale until you leave, plus damages, attorney fees and court costs if the buyer has to sue.

    Va. Code § 8.01-126(F)(4)

  4. Termination notice and unlawful detainer

    At least 3 days' notice, then a court date at least 10 days after you are served

    The buyer must give you written notice at least 3 days before the termination date. After that it can file an unlawful detainer in general district court. Go to the hearing, and call legal aid as soon as you get the summons.

    Va. Code § 8.01-126(B), (F)(4)

  5. Appeal period and writ of eviction

    10 days to appeal, then at least 72 hours' notice from the sheriff

    You can appeal a judgment for possession to circuit court within 10 days, usually with a bond. The sheriff cannot evict before the appeal time runs out and must give you at least 72 hours' notice with the date and time. A writ not carried out within 30 days of being issued is void.

    Va. Code §§ 8.01-129, 8.01-470, 8.01-471

  6. Surplus money and the trustee's account

    Accounting due within 6 months of the sale

    Money left after sale costs, priority taxes, the foreclosed loan and junior liens goes to you or your assigns. If the owner died before the sale, it goes to the estate's personal representative. The trustee's account is filed with the commissioner of accounts, so you can check it there.

    Va. Code §§ 55.1-324(A)(3), 55.1-331, 64.2-1309

  7. Deficiency

    After the sale

    We did not find a Virginia statute that stops a lender from suing you for the rest of the debt if the sale brought less than you owed. Before you sign anything, ask legal aid or a lawyer whether you could face a deficiency claim.

The three questions that matter after a sale

Can I get the home back in Virginia?

No redemption after sale

Virginia's deed of trust statutes do not provide a right to buy the home back after the trustee's sale. Once the sale is held, your options are very limited, so act before the sale date.

Can the lender come after me for the rest?

Deficiency judgments allowed

We did not find a Virginia statute that bars a lender from suing you for the shortfall if the sale brings less than you owe. Ask a lawyer or legal aid office about your exposure before the sale, and ask your servicer whether it will waive any deficiency as part of a short sale or deed in lieu.

What if the home sold for more than I owed?

The trustee must apply the sale money in this order: sale costs and the trustee's commission, then taxes that have priority, then the foreclosed loan and any junior liens of record, and then pay whatever is left to you or your assigns. The trustee must file an accounting with the commissioner of accounts for the city or county. If you think there is a surplus, contact the trustee and the commissioner of accounts.

Va. Code § 55.1-324(A)(3)

Common questions in Virginia

How long can I stay in my Virginia home after the foreclosure sale?

There is no fixed number of days. The buyer must give you a written termination notice at least 3 days ahead, then win an unlawful detainer case (Va. Code § 8.01-126(F)(4)). After a judgment you have 10 days to appeal, and the sheriff must give 72 hours' notice before an eviction (Va. Code §§ 8.01-129, 8.01-470). You may owe fair market rent for the time you stay.

I rent a home that was foreclosed in Virginia. Do I have to move out right away?

Not always. If the buyer wants to live in the home, it must give you written notice to leave on a date at least 90 days later. If it bought for another reason, it takes the home subject to your lease, though it can end the lease as the law or lease allows (Va. Code § 55.1-1237(C)).

How do I find out if there was surplus money from my Virginia foreclosure?

Within 6 months of the sale, the trustee must file an account of the sale with the commissioner of accounts of the circuit court where the deed of trust was first recorded (Va. Code § 64.2-1309). Ask the commissioner of accounts for it, and write to the trustee, whose mailing address must appear on the trustee's deed (Va. Code § 55.1-324(A)(3)).

Step by step

More on foreclosure in Virginia

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. Va. Code § 55.1-323 (contents of advertisements of sale)
  2. Va. Code § 55.1-331 (disposition of surplus after death of grantor)
  3. Va. Code § 55.1-1237 (notice to tenant in event of foreclosure)
  4. Va. Code § 8.01-129 (appeal from general district court)
  5. Va. Code § 8.01-470 (writs of eviction; 72-hour notice)
  6. Va. Code § 8.01-471 (time for issuing and executing writs of eviction)
  7. Va. Code § 64.2-1309 (accounts of sales under deeds of trust)
  8. Virginia Judicial System Court Self-Help
  9. Va. Code § 55.1-320 (how deed of trust construed; duties of parties)
  10. Va. Code § 55.1-321 (notices required before sale by trustee)
  11. Va. Code § 55.1-322 (advertisement required before sale by trustee)
  12. Va. Code § 55.1-324 (powers and duties of trustee in event of sale)
  13. Va. Code § 59.1-200.1 (prohibited practices; foreclosure rescue)
  14. Virginia Housing: Foreclosure Prevention Options
  15. City of Alexandria (archived notice): Virginia Mortgage Relief Program
  16. Virginia SCC: File a Complaint
  17. Va. Code § 8.01-126 (unlawful detainer; former owner after foreclosure)
  18. Virginia Law Help: Housing (866-LEGLAID)