- Who sends it
- The successor owner, meaning the buyer at the foreclosure sale, or its agent or attorney
- What it starts
- At least 3 days before the termination date. After that the owner may file an unlawful detainer case in general district court
- Do this first
- Keep the notice, write down the date it says your stay ends, and call legal aid at 866-534-5243
What this notice is in Virginia
Va. Code § 8.01-126(F)(4) says that if the former owner is still in possession of a single-family home on the date of the foreclosure sale, the former owner becomes a tenant at sufferance. That means you are allowed to be there only until the new owner ends it.
The new owner ends it with a written termination notice given to you at least three days before the date it takes effect. When the three days are over, the new owner may file an unlawful detainer (eviction) case.
What it does and does not mean
- It is not a court order. Only a judge's order carried out by the sheriff can remove you. Legal Services of Northern Virginia's guide says the new owner may not cut off utilities, lock you out or remove you or your belongings without first going to court.
- You can be charged fair market rent from the date of the foreclosure sale until you leave, plus damages, reasonable attorney fees and court costs (Va. Code § 8.01-126(F)(4)).
- In the eviction case, the court will not enter an order of possession unless the owner shows the court a copy of a proper termination notice (Va. Code § 8.01-126(D)). Keep yours and the envelope it came in.
- If you rent the home from the former owner, a different rule applies. A buyer who plans to live there must give you at least 90 days' written notice, and other buyers take the home subject to your lease (Va. Code § 55.1-1237(C)).
The deadline it starts and how to count it
- The statute says the notice must be given at least three days before the termination date. It does not say business days, so count calendar days from the day you got the notice to the date it names.
- After that date, the owner can ask the court for a Summons for Unlawful Detainer. The summons must be served on you at least 10 days before the court date (Va. Code § 8.01-126(B)).
- Rent for the time you stay can be claimed back to the sale date, so a longer stay can add up.
See what happens after a Virginia foreclosure sale for each step.
What to do this week
- Decide whether you can move by the date on the notice. If not, contact the new owner in writing to ask for more time, and offer a fair rent if you can. Get any agreement in writing.
- Ask whether the owner will offer cash for keys. Read any agreement before you sign, and keep a copy.
- Start packing important papers and valuables now.
- Call legal aid at 866-534-5243 (866-LEGLAID) if you think the sale was wrong or you need more time.
- Ask the trustee in writing whether there was a surplus. See Virginia foreclosure surplus funds.
Free help in Virginia and scam warnings
Virginia Law Help connects you with free legal aid online or at 866-LEGLAID. The Virginia Judicial System Court Self-Help site explains how eviction (unlawful detainer) cases work in general district court.
- Ignore anyone who says they can undo the sale for an upfront fee.
- Be careful with surplus finders. Ask the trustee and the commissioner of accounts directly before you sign any fee agreement.
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 the buyer change the locks after a Virginia foreclosure sale?
No. The buyer must give you a written termination notice at least 3 days ahead and then file an unlawful detainer case (Va. Code § 8.01-126(F)(4)). Legal Services of Northern Virginia's guide says the new owner may not lock you out, cut off utilities or remove your belongings without first going to court.
Do I owe rent after a Virginia foreclosure sale?
You can. As a tenant at sufferance you are responsible for fair market rent from the date of the foreclosure sale until you leave, plus damages, reasonable attorney fees and court costs (Va. Code § 8.01-126(F)(4)).
I rent the house. Does the 3-day notice apply to me?
No. The 3-day rule is for the former owner. If you are a tenant, Va. Code § 55.1-1237(C) gives you at least 90 days' written notice if the buyer wants to live there, and otherwise lets you stay under your lease, subject to the law's termination rules.
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.
- 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.
- 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 § 8.01-126 (unlawful detainer; former owner after foreclosure, subsection F4)
- Va. Code § 55.1-1237 (notice to tenant in event of foreclosure)
- Virginia Judicial System Court Self-Help: Landlord - Tenant
- Legal Services of Northern Virginia: Foreclosure and Mortgage guide
- Virginia Law Help: Housing (866-LEGLAID)