- Who sends it
- Your lender (the party secured by the deed of trust) signs it and records it in the circuit court clerk's land records. You often see it as a copy or a recording number in your notice of sale
- What it starts
- No deadline by itself. It gives the substitute trustee all the powers of the original trustee, including the power to sell
- Do this first
- Write down the substitute trustee's name and contact details, then call your servicer and a free HUD-approved housing counselor
What this document is in Virginia
Most Virginia home loans use a deed of trust. It names a trustee who can sell the home at auction if the loan goes into default. Under Va. Code § 55.1-320(9), the lender, or the holders of more than 50 percent of the debt, can appoint one or more substitute trustees for any reason, even if your deed of trust does not say so.
The appointment must be signed and acknowledged, and it must be recorded in the clerk's office where your deed of trust is recorded. It has to be recorded before or at the same time as any paper in which the substitute trustee uses a power from the deed of trust. Once it is signed, the substitute trustee has every power and duty the original trustee had.
The substitute trustee is often a law firm. The newspaper ad for any sale must give the name of the trustee and the name, address and phone number of someone who can answer questions about the sale (Va. Code § 55.1-323(A)).
What it does and does not mean
- It is not a notice of sale and not an eviction. It only changes who is allowed to run the sale.
- It does not need your agreement. Virginia law lets the lender make the change for any reason.
- It is often a sign that a sale is being prepared. For a home you live in, the Notice of Trustee's Sale must be mailed to you at least 60 days before any sale (Va. Code § 55.1-321(A)).
- That notice must include the recording number of this appointment, or the deed book and page, or a signed and notarized copy of it. So you can match the two papers and confirm who is running the sale.
The deadlines around it and how to count them
- This paper has no response deadline of its own.
- Federal rules generally stop your servicer from starting foreclosure until you are more than 120 days behind (12 C.F.R. § 1024.41(f)).
- If you live in the home, the sale cannot be sooner than 60 days after the notice of sale is mailed to you by certified or registered mail. Count 60 calendar days from the mailing date, not from the day you picked it up.
- If your servicer receives a complete loss mitigation application more than 37 days before a sale, it must review it and cannot hold the sale during that review (12 C.F.R. § 1024.41(g)). Sending it now gives you the most room.
See how long foreclosure takes in Virginia for the full timeline.
What to do this week
- Look up the appointment in the land records at your circuit court clerk's office, or use the recording number from your notice of sale. Write down the substitute trustee's name, address and phone.
- Call your servicer. Ask whether a sale has been requested, and ask for a loss mitigation application and a written reinstatement figure.
- Call a free HUD-approved housing counselor to help with the application.
- Watch for certified mail. The notice of sale is the paper that starts the 60-day clock.
- Read how to stop foreclosure in Virginia for each option and its cutoff.
Free help in Virginia and scam warnings
Virginia has no statewide foreclosure mediation program that we could find, so the free help is counseling and legal aid. Virginia Law Help connects you with your local legal aid office online or at 866-534-5243 (866-LEGLAID). The Virginia foreclosure help page lists more.
- A substitute trustee's name in the land records is public. Rescue companies watch these filings and may contact you.
- In Virginia, anyone offering to stop or avoid foreclosure on a home you live in cannot charge or take a fee before fully doing the promised work, or before settlement if your home is being sold (Va. Code § 59.1-200.1). Report anyone who asks for money first to the Virginia Attorney General.
- Never sign over your deed to someone who says you can stay and buy it back later. Virginia law bars promising a buyback unless a written contract states the terms and price.
The rest of the Virginia process
See how foreclosure works in Virginia, the timeline, ways to stop it and free help in Virginia, or read the national guide to this letter.
Common questions
Can a Virginia lender replace the trustee without telling me first?
Yes. Va. Code § 55.1-320(9) lets the lender appoint a substitute trustee for any reason. It must record the appointment where your deed of trust is recorded, and the notice of sale it sends you must give the recording number or a copy.
Does a substitute trustee mean my Virginia sale date is set?
Not by itself. The sale date comes in the written notice of sale and the newspaper ad. For a home you live in, the notice must be mailed at least 60 days before the sale (Va. Code § 55.1-321(A)).
Who do I call with questions about the sale?
The newspaper ad must name a trustee, lender, agent or attorney who can answer questions about the sale, with an address and phone number (Va. Code § 55.1-323(A)). Call that person to confirm the date and ask for figures in writing.
Other Virginia letters
- Subordinate Mortgage Affidavit and 60-Day NoticeSince 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.
- 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.
- 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.
- Summons for Unlawful Detainer (Civil Claim for Eviction), Form DC-421A 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.
- 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.
Sources
- Va. Code § 55.1-320 (deed of trust duties; substitute trustees; notice affidavit)
- Va. Code § 55.1-321 (notices required before sale by trustee)
- Va. Code § 55.1-323 (contents of advertisements of sale)
- Va. Code § 59.1-200.1 (prohibited practices; foreclosure rescue)
- Virginia Law Help: Housing (866-LEGLAID)