- Who sends it
- The trustee or substitute trustee, or the lender, by certified or registered mail or by personal delivery
- What it starts
- At least 60 days before the sale for a home you live in (14 days for other property), plus newspaper ads
- Do this first
- Count the days to the sale, send a complete loss mitigation application now, and call legal aid at 866-534-5243
What this notice is in Virginia
Va. Code § 55.1-321(A) requires written notice of the time, date and place of any proposed trustee's sale, on top of the newspaper ads. It goes to the present owner at the last known address in the lender's records. Mailing a copy of the newspaper ad, or a notice with the same information, by certified or registered mail counts as notice.
The notice must give the recording number, or deed book and page, of any appointment of a substitute trustee, or include a signed and notarized copy of the Appointment of Substitute Trustee.
For a home you live in (owner-occupied residential real estate), the notice must also include: the HUD Office of Housing Counseling website with its list of HUD-certified counseling agencies; the website and phone number of the statewide legal aid center; the date and amount of the last payment received; the total principal, interest, costs and fees in arrears; and the remaining principal balance (Va. Code § 55.1-321(E), (F)).
It must also say, in at least 12-point type, words like these: "This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency."
What it does and does not mean
- It does not mean you must move. You can stay until after the sale, and even then the buyer must give notice and go to court.
- Sending it counts as calling the whole loan due (acceleration) under Va. Code § 55.1-321(A).
- It is also treated as presumed proof that the lender gave any notice of default your deed of trust required (Va. Code § 55.1-321(C)). That presumption can be challenged, so keep any default letters you did or did not get.
- The trustee cannot sell a home you live in without a signed affidavit that this notice was sent, with a copy attached, and must give bidders a copy with your financial details blacked out (Va. Code § 55.1-320(10)).
- If the lender says the note is lost, a separate lost note notice must be mailed at least 60 days before it asks the trustee to sell, and you can ask the circuit court to require protection for you (Va. Code § 55.1-321(B)).
The deadlines it starts and how to count them
- For a home you live in, count 60 calendar days from the date the notice was mailed. The sale cannot be earlier. For other property the minimum is 14 days.
- The sale must also be advertised in a local newspaper. It must be held no earlier than 8 days after the first ad and no more than 30 days after the last ad (Va. Code § 55.1-322(A)). The ads can run during the 60 days.
- If the sale is postponed, which is up to the trustee, no new mailed notice is required, but the new date must be advertised the same way (Va. Code §§ 55.1-321(D), 55.1-322(D)).
- Federal rule: a complete loss mitigation application received more than 37 days before the sale must be reviewed, and the sale cannot go ahead during the review (12 C.F.R. § 1024.41(g)). With 60 days' notice, that leaves you about 3 weeks to finish an application.
- Virginia has no statute giving you a right to catch up until a set day. Any reinstatement deadline comes from your deed of trust and servicer, so ask in writing.
Read a Virginia foreclosure sale date is set for a step-by-step list.
What to do this week
- Find the sale date and count back to today. Write down the 37th day before the sale.
- Check the arrears, last payment and principal figures against your own records.
- Send a complete loss mitigation application to your servicer in a way you can prove, and keep copies.
- Ask the servicer in writing for a reinstatement quote and payoff good through the sale date.
- Call the person named in the newspaper ad to confirm the date, and check the legal notices for postponements.
- Call legal aid at 866-534-5243. Virginia gives no right to buy the home back after the sale, so the time before the sale matters most.
- Read how to stop foreclosure in Virginia for bankruptcy, short sale and other options.
Free help in Virginia and scam warnings
The notice itself must point you to HUD-certified housing counselors and the statewide legal aid center. Virginia has no statewide foreclosure mediation program that we could find. The Virginia foreclosure help page lists who to call at each stage.
- Sale notices are public, and rescue companies read them. In Virginia, a foreclosure rescue provider cannot take a fee before fully doing the promised work, or before settlement if your home is sold (Va. Code § 59.1-200.1).
- Any clause in a rescue contract forcing you into arbitration is void under the same law.
- If the sale goes ahead and brings more than what is owed, the extra goes to you after other liens. See Virginia foreclosure surplus funds. If it brings less, see Virginia deficiency rules.
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
How much notice does Virginia require before a foreclosure sale?
For a deed of trust on owner-occupied residential property, the notice must be mailed by certified or registered mail at least 60 days before the sale. For other property it is 14 days (Va. Code § 55.1-321(A)).
Will I get a new letter if my Virginia sale is postponed?
Not necessarily. Virginia does not require a new mailed notice after a postponement (Va. Code § 55.1-321(D)), but the postponed sale must be advertised in the newspaper the same way as the original (Va. Code § 55.1-322(D)). Keep checking with the trustee.
My Virginia notice is missing the arrears or the legal aid information. Does that stop the sale?
Not automatically. The trustee cannot sell a home you live in without an affidavit that the notice was sent (Va. Code § 55.1-320(10)), but the law also says notice failures do not by themselves undo a completed sale (Va. Code § 55.1-321(C)). Show the notice to a lawyer before the sale date.
The owner died. Who gets the Virginia notice of sale?
If the lender has been told the owner died, the notice must also go to any personal representative and heirs listed in the circuit court's records, at the addresses shown there (Va. Code § 55.1-321(A)).
Other Virginia letters
- Appointment of Substitute TrusteeA 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.
- 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.
- 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 § 55.1-321 (notices required before sale by trustee)
- Va. Code § 55.1-320 (deed of trust; notice affidavit before sale)
- Va. Code § 55.1-322 (advertisement required before sale)
- Va. Code § 55.1-323 (contents of advertisements of sale)
- Va. Code § 59.1-200.1 (prohibited practices; foreclosure rescue)
- Legal Services of Northern Virginia: Foreclosure and Mortgage guide