How to Stop a Foreclosure in Virginia
Reviewed by DocDraft Legal Team · Virginia · Last updated 2026-08-31
Foreclosure is the process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means curing or resolving the loan before the trustee's sale. In Virginia, most foreclosures are non-judicial: at the beneficiary's request, a trustee may take possession and sell the property at auction under the deed of trust, without court involvement, under Va. Code § 55.1-320. The key protection is advance written notice to the owner: under Va. Code § 55.1-321, the owner must be sent written notice no fewer than 60 days before the sale for owner-occupied residential real estate, or 14 days before the sale for all other deeds of trust. Virginia has no automatic statutory pre-sale reinstatement right; reinstatement applies only where the deed of trust expressly provides for it, drawing on the optional language in § 55.1-325(6). Virginia also provides no statutory post-sale right of redemption for a trustee's sale; the borrower's interest ends at the sale. Under § 55.1-324, sale proceeds are applied to trustee expenses, taxes, and the secured debts in priority, with any residue paid to the grantor. Because Virginia has no anti-deficiency bar, the lender may pursue any remaining balance in a separate action.
Find out where you stand in Virginia
Where are you in the foreclosure process?
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How do I stop a foreclosure in Virginia?
In Virginia, most foreclosures are non-judicial trustee's sales under a deed of trust, authorized by Va. Code § 55.1-320. You can stop the process by paying the amount your deed of trust requires to reinstate if it allows reinstatement, negotiating loss mitigation such as a loan modification, or paying the balance before the trustee's sale.
What is the foreclosure timeline in Virginia?
Virginia foreclosures turn on advance notice to the owner. Under Va. Code § 55.1-321, written notice must be sent no fewer than 60 days before the sale for owner-occupied residential real estate, or 14 days before the sale for other deeds of trust. The trustee then conducts the sale at auction under § 55.1-320.
Can I reinstate my mortgage to stop foreclosure in Virginia?
Virginia has no automatic statutory reinstatement right. Reinstatement applies only where the deed of trust expressly provides for it, using optional language drawn from Va. Code § 55.1-325(6). Check your deed of trust to see whether it includes a reinstatement clause, and confirm any figure and deadline with the servicer in writing.
Can the lender pursue me for the remaining balance after foreclosure in Virginia?
Yes. Virginia has no anti-deficiency bar. Under Va. Code § 55.1-324, sale proceeds are applied to trustee expenses, taxes, and the secured debts in priority, with any residue paid to the grantor. If a shortfall remains, the lender may pursue that balance in a separate action against the borrower.
Virginia foreclosure law at a glance
Virginia foreclosures are predominantly non-judicial. At the beneficiary's request, a trustee sells the property at auction under the deed of trust, without court involvement, under Va. Code § 55.1-320. The signature borrower protection is advance written notice: under § 55.1-321, the owner receives notice no fewer than 60 days before the sale for owner-occupied residential real estate, or 14 days for all other deeds of trust. Virginia grants no automatic statutory reinstatement right; reinstatement applies only where the deed of trust expressly provides for it, using the optional language in § 55.1-325(6). Virginia also provides no statutory post-sale redemption for a trustee's sale, so the borrower's interest ends at the sale. Under § 55.1-324, the trustee applies proceeds to expenses, taxes, and the secured debts in priority, paying any residue to the grantor. Because Virginia has no anti-deficiency bar, a lender may pursue any remaining balance in a separate action.
Using Virginia's 60-day notice on an owner-occupied home
Suppose you are behind on your Virginia mortgage on your primary residence and the beneficiary asks the trustee to foreclose under the deed of trust. Because the home is owner-occupied, you must receive written notice no fewer than 60 days before the sale under Va. Code § 55.1-321. Use that time: check your deed of trust for a reinstatement clause, because Virginia has no automatic statutory cure right, and request the exact figure from the servicer. You can also apply for a loan modification or work with a HUD-approved counselor. Since Virginia gives no post-sale redemption, resolving the default before the sale date is essential. If the sale occurs and proceeds fall short, the lender may pursue the balance in a separate action under § 55.1-324. Attorney review of your reinstatement or loss-mitigation paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Virginia homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Virginia Housing
Virginia's housing finance agency, offering homeowner assistance programs and counseling referrals for residents who have fallen behind on their mortgage.
Virginia's Judicial System
Official portal of the Virginia courts, with resources should a lender pursue a judicial action related to the deed of trust or the debt.
Virginia Legal Aid (VaLegalAid.org)
Directory of free civil legal aid for income-qualified Virginia residents, including housing and foreclosure-related matters.
Relevant Laws
Va. Code § 55.1-320 (Trustee's sale under a deed of trust)
Authorizes Virginia's predominant non-judicial foreclosure. At the beneficiary's request, the trustee may take possession of the property and sell it at auction under the deed of trust, without court involvement.
Va. Code § 55.1-321 (Advance written notice to the owner)
Requires written notice to the owner no fewer than 60 days before the sale for owner-occupied residential real estate, or 14 days before the sale for all other deeds of trust, giving owner-occupants substantial advance warning.
Va. Code § 55.1-325(6) (Optional reinstatement language)
Supplies optional reinstatement language that a deed of trust may expressly include. Virginia has no automatic statutory reinstatement right, so reinstatement applies only where the instrument adopts such a provision.
Va. Code § 55.1-324 (Application of sale proceeds; residue to grantor)
Directs the trustee to apply sale proceeds to trust expenses, then taxes, then the secured debts in priority, with any residue paid to the grantor. Virginia has no anti-deficiency bar, so a lender may pursue a shortfall in a separate action.
Regional Variances
Virginia foreclosure rules vs national norms
Process type
Predominantly non-judicial. A trustee sells the property at auction under the deed of trust, without court involvement, under Va. Code § 55.1-320. Judicial foreclosure exists but is uncommon, unlike judicial-only states.
Notice timeline
Notice-based. Under § 55.1-321, the owner receives written notice no fewer than 60 days before the sale for an owner-occupied home, or 14 days before the sale for other deeds of trust. The owner-occupied window is comparatively long.
Reinstatement right
None automatically. Virginia grants no statutory reinstatement right; it applies only where the deed of trust expressly provides for it, using optional language from § 55.1-325(6). This differs from states with a mandatory statutory cure window.
Redemption after sale
None. Virginia provides no statutory post-sale redemption for a trustee's sale; the borrower's interest ends at the sale. Many states allow post-sale redemption; Virginia does not.
Deficiency judgment
Allowed. Virginia has no anti-deficiency bar. After proceeds are applied and any residue paid to the grantor under § 55.1-324, the lender may pursue any remaining balance in a separate action.
Owner-occupied vs other property in a Virginia trustee's sale
Owner-occupied residential real estate
The owner must receive written notice no fewer than 60 days before the sale under § 55.1-321. This longer window gives owner-occupants more time to check for a reinstatement clause, pursue loss mitigation, or consult a HUD-approved counselor before the auction.
Other deeds of trust
For all other deeds of trust, the notice period is 14 days before the sale under § 55.1-321. The shorter window reflects that the property is not the owner's occupied residence, leaving far less time to respond before the trustee's sale.
Suggested Compliance Checklist
Confirm your foreclosure is non-judicial and read your deed of trust
As soon as you fall behind or receive any notice days after startingMost Virginia foreclosures are non-judicial trustee's sales under a deed of trust, authorized by Va. Code § 55.1-320. Read your deed of trust to identify the trustee, the power-of-sale terms, and whether it includes a reinstatement clause, since Virginia has no automatic statutory cure right.
Read the § 55.1-321 notice and calendar the sale date
Immediately upon receiving the notice of sale days after startingUnder Va. Code § 55.1-321, you receive written notice no fewer than 60 days before the sale for an owner-occupied home, or 14 days before for other deeds of trust. Note the notice date and the sale date. Because there is no redemption, the sale date is your hard deadline.
Check for a reinstatement clause and request the cure figure
As early as possible before the sale days after startingVirginia grants no automatic reinstatement right; it applies only if your deed of trust provides for it, using language from § 55.1-325(6). Confirm whether your instrument allows reinstatement, then ask the servicer in writing for the exact cure or payoff figure and deadline before you send funds.
Apply for loss mitigation or a loan modification
As soon as you anticipate missing payments days after startingAsk your servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request, and approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies help Virginia homeowners compare reinstatement, modification, and other options at no cost. Use the CFPB counselor finder to locate one. For an owner-occupied home, the 60-day notice period gives a counselor real time to help you act.
Plan for a possible deficiency after the sale
Before agreeing to any sale, short sale, or deed in lieu days after startingVirginia has no anti-deficiency bar. Under § 55.1-324, proceeds are applied to expenses, taxes, and the debt, with any residue paid to the grantor, and a shortfall can be pursued in a separate action. Confirm your total debt and the property's likely value before signing anything.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the § 55.1-321 notice, reinstatement and payoff quotes, and all servicer or trustee correspondence, with dates. These records fix your sale-date deadline, support any contractual reinstatement, and document servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your foreclosure is non-judicial and read your deed of trust | Most Virginia foreclosures are non-judicial trustee's sales under a deed of trust, authorized by Va. Code § 55.1-320. Read your deed of trust to identify the trustee, the power-of-sale terms, and whether it includes a reinstatement clause, since Virginia has no automatic statutory cure right. | - | As soon as you fall behind or receive any notice |
| Read the § 55.1-321 notice and calendar the sale date | Under Va. Code § 55.1-321, you receive written notice no fewer than 60 days before the sale for an owner-occupied home, or 14 days before for other deeds of trust. Note the notice date and the sale date. Because there is no redemption, the sale date is your hard deadline. | - | Immediately upon receiving the notice of sale |
| Check for a reinstatement clause and request the cure figure | Virginia grants no automatic reinstatement right; it applies only if your deed of trust provides for it, using language from § 55.1-325(6). Confirm whether your instrument allows reinstatement, then ask the servicer in writing for the exact cure or payoff figure and deadline before you send funds. | - | As early as possible before the sale |
| Apply for loss mitigation or a loan modification | Ask your servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request, and approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As soon as you anticipate missing payments |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies help Virginia homeowners compare reinstatement, modification, and other options at no cost. Use the CFPB counselor finder to locate one. For an owner-occupied home, the 60-day notice period gives a counselor real time to help you act. | - | As early as possible in the process |
| Plan for a possible deficiency after the sale | Virginia has no anti-deficiency bar. Under § 55.1-324, proceeds are applied to expenses, taxes, and the debt, with any residue paid to the grantor, and a shortfall can be pursued in a separate action. Confirm your total debt and the property's likely value before signing anything. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the § 55.1-321 notice, reinstatement and payoff quotes, and all servicer or trustee correspondence, with dates. These records fix your sale-date deadline, support any contractual reinstatement, and document servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the process a mortgage lender uses to take and sell your home after you fall behind on the loan. In Virginia, most foreclosures are non-judicial: at the beneficiary's request, a trustee sells the property at auction under the deed of trust, without court involvement, under Va. Code § 55.1-320.
A non-judicial foreclosure is handled out of court by a trustee under the deed of trust, and it is the common route in Virginia under Va. Code § 55.1-320. A judicial foreclosure goes through the courts and is far less common. Most Virginia home mortgages use the trustee's sale process.
Under Va. Code § 55.1-321, the owner must be sent written notice no fewer than 60 days before the sale for owner-occupied residential real estate, or 14 days before the sale for all other deeds of trust. This advance notice is the main statutory warning before a Virginia trustee's sale.
Receiving the § 55.1-321 notice means the trustee is moving toward an auction, 60 days out for an owner-occupied home or 14 days out otherwise. During that period you can check your deed of trust for a reinstatement clause, request a payoff or cure figure, apply for loss mitigation, or contact a HUD-approved counselor.
No. Virginia provides no statutory post-sale right of redemption for a deed-of-trust trustee's sale; Title 55.1, Chapter 3 contains no redemption provision. Your interest ends at the sale, so you cannot buy the property back afterward. This makes resolving the default before the sale date especially important.
Yes. Applying for a loan modification, forbearance, repayment plan, short sale, or deed in lieu can pause or stop a Virginia trustee's sale. Because there is no automatic statutory cure right, loss mitigation and any contractual reinstatement in your deed of trust are often the main tools before the sale.
Yes. Virginia has no anti-deficiency bar. Under Va. Code § 55.1-324, the trustee applies proceeds to expenses, taxes, and the secured debts, paying any residue to the grantor. If the proceeds fall short of the debt, the lender may pursue the remaining balance against the borrower in a separate action.
Virginia homeowners can get free help from HUD-approved housing counselors, who assist with loss mitigation and lender negotiations at no cost. Virginia Housing offers homeowner programs, and legal aid organizations help income-qualified residents. Acting early in the 60-day notice period for an owner-occupied home gives you the most options.
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