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Foreclosure sale date set in Virginia: what you can still do

If a trustee's sale is set on your Virginia home, act now, because Virginia has no right to buy the home back after the auction. Start by confirming the date, since trustees often postpone. Then work down this list with your servicer, the trustee, a counselor or a lawyer. Do not wait for the last day.

Free HUD counselor: (800) 569-4287

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

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Options still open before a sale in Virginia

  • Confirm whether the sale is still on

    Now, and again the day before the sale

    The newspaper ad must give the name, address and phone number of someone who can answer questions about the sale. Call that person. A postponed sale must be advertised again in the same way, so check the legal notices in the local paper for a new date.

    Va. Code §§ 55.1-322(D), 55.1-323(A)

  • Finish your loss mitigation application and ask for a postponement

    More than 37 days before the sale for federal review protection; any time before the sale to ask

    Postponing is up to the trustee, and no new 60-day mailed notice is needed. Ask your servicer to tell the trustee about your complete application, and get any agreement in writing.

    Va. Code § 55.1-321(D)

  • Reinstate or pay off the loan

    Before the auction

    Ask the servicer or the trustee for a written reinstatement and payoff figure good through the sale date. Virginia law does not set a statutory reinstatement right, so the deadline comes from your deed of trust and the servicer.

    Va. Code § 55.1-321(F)

  • Ask a lawyer about a court petition

    Before the sale

    If the notice was not sent, the advertising was wrong, an old second mortgage added improper charges, or the lender says the note is lost, a lawyer can tell you whether to petition the circuit court. Contact legal aid or a licensed attorney the same day.

    Va. Code §§ 55.1-321(A1), (B), 55.1-322(E)

  • Bankruptcy stay

    Before the auction

    A bankruptcy filing stops the sale under the federal automatic stay. It has serious long-term effects, so talk to a licensed bankruptcy attorney or legal aid first.

    11 U.S.C. § 362(a)

  • Short sale or deed in lieu

    Before the auction

    If you cannot keep the home, ask your servicer whether it will accept a short sale or a deed in lieu and whether it will waive any deficiency in writing. Use your own real estate agent or lawyer, not someone who contacts you first.

Call today, not tomorrow

With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in Virginia.

Common questions in Virginia

Where are Virginia foreclosure sales held?

Unless the deed of trust says otherwise, the trustee can hold the auction at the property, in front of the circuit court building, or at another place in the county or city where the property is (Va. Code § 55.1-320(7)). The place, time and terms must be in the newspaper ad (Va. Code § 55.1-323(A)).

Can a relative bid on my house at a Virginia foreclosure auction?

Yes. Anyone other than the trustee may bid (Va. Code § 55.1-324(A)(1)). The trustee can require a cash deposit of up to 10 percent of the sale price before taking a bid, unless the deed of trust sets a different limit (Va. Code § 55.1-324(A)(2)). Bidders must be given a copy of the affidavit that your notice was sent.

Will I get a new letter if my Virginia sale is postponed?

Not necessarily. Virginia does not require a new mailed notice when a sale is postponed (Va. Code § 55.1-321(D)). It does require the postponed sale to be advertised in the newspaper the same way as the first time (Va. Code § 55.1-322(D)), so keep checking with the trustee and the legal notices.

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)