Skip to main content
How to avoidForeclosure
Get help

Virginia · What this letter means

Virginia foreclosure letters and notices

The papers Virginia homeowners receive, in the order they usually arrive. Each page uses the name on the Virginia document, explains the deadline it starts under Virginia law, and lists what to do this week.

  1. Step 1

    Appointment of Substitute Trustee

    A Virginia Appointment of Substitute Trustee names the person or law firm the lender has picked to run a trustee's sale of your home. It does not set a sale date by itself. But a new trustee is often named shortly before a sale, so treat it as a warning to get help now.

    What it means
  2. Step 2

    Subordinate Mortgage Affidavit and 60-Day Notice

    Since 2024, some holders of a Virginia second mortgage must send you a sworn affidavit about monthly statements and a notice before they can ask a trustee to sell. They cannot charge interest or fees for months when required statements were not sent. You have 60 days from mailing before a sale can be requested, and you can ask a court for an accounting.

    What it means
  3. Step 3

    Notice of Trustee's Sale (written notice of proposed sale)

    In Virginia, this is the main foreclosure notice. For a home you live in, it must be mailed at least 60 days before the auction, show what you owe in arrears and point you to free counselors and legal aid. It also says in plain words that it is not a notice to vacate.

    What it means
  4. Step 4

    Written Termination Notice (three-day notice after foreclosure)

    If you are still living in your single-family home on the day of the Virginia foreclosure sale, you become a tenant at sufferance. The new owner can end that with a written termination notice given at least 3 days ahead, and then file an eviction case. The notice itself does not let anyone remove you.

    What it means
  5. Step 5

    Summons for Unlawful Detainer (Civil Claim for Eviction), Form DC-421

    A Summons for Unlawful Detainer means the new owner has filed an eviction case in general district court. It gives a return date. If you do not come to court, the judge can enter a judgment and a writ of eviction can be issued right away. Go to court, and call legal aid now.

    What it means
  6. Step 6

    Writ of Eviction (and the sheriff's 72-hour notice)

    A writ of eviction is the court's order telling the sheriff to give the new owner possession of the home. In Virginia, the sheriff must give you at least 72 hours' notice with the date and time. Use that time to move your things and call legal aid.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in Virginia.