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Foreclosure and tax sales in Virginia

What our research shows about Virginia's rules. General information with sources — not legal advice, and not a reading of your papers.

CoreResearched in depth, key rules checked against the official text.Research last reviewed 2026-09-22

Your state

How foreclosure works

Usual process: Nonjudicial (out of court)
From a reputable summary[1][2]
Allowed processes: Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes: Va. Code § 55.1-320; Va. Code § 55.1-321; Va. Code § 55.1-322; Va. Code § 8.01-241
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
Notice of default or breach letter
No state-law cure period; the deed of trust usually requires a breach letter and allows reinstatement.
From a reputable summary
Notice of sale — at least 60 days before the sale
For an owner-occupied home, notice of sale must be sent by certified or registered mail at least 60 days before the sale (14 days otherwise), with legal-aid and HUD counselor information. The trustee needs a servicer affidavit confirming it was sent.
Checked against the official textVa. Code § 55.1-321
+At least 60 days
Foreclosure sale
Checked against the official textVa. Code § 55.1-321
No right to redeem after the sale
No redemption after a nonjudicial sale.
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: No state-law cure period; the deed of trust usually requires a breach letter and allows reinstatement.
From a reputable summary[1]
Notice of sale: At least 60 daysFor an owner-occupied home, notice of sale must be sent by certified or registered mail at least 60 days before the sale (14 days otherwise), with legal-aid and HUD counselor information. The trustee needs a servicer affidavit confirming it was sent.
Checked against the official text[3][1]
Publication: Newspaper as the deed of trust provides (at least once a week for two weeks); the sale may be held no earlier than 8 days after the first ad and no more than 30 days after the last.
Checked against the official text[4][1]
When sales happen: Not researched yet for this state.

Catching up (reinstatement): No statutory right; the deed of trust probably allows it.
From a reputable summary[1][2]
Buying the home back (redemption): NoNo redemption after a nonjudicial sale.
From a reputable summary[1][2]
Owing money after the sale (deficiency): YesBy separate lawsuit after the sale.
Va. Code § 8.01-241
From a reputable summary[1][2]
Mediation: Not researched yet for this state.

Tax sale system: Court-ordered tax sale
The locality sues to sell the property (tax foreclosure) once taxes are delinquent on Dec. 31 after the second anniversary of the due date.
From a reputable summary[5]
How it works: Notice is mailed and published at least 30 days before the suit. You can stop the sale by paying everything due, usually by 5:00 p.m. the day before the auction.
From a reputable summary[5]
Redeeming after a tax sale: No redemption after the tax sale.
From a reputable summary[5]
Relief programs: Local exemptions or deferrals for owners 65+ or permanently and totally disabled — Ask your locality’s commissioner of the revenue.
From a reputable summary[5]
Payment plans: A payment agreement for delinquent taxes of up to 72 months is available.
Checked against the official text[6][5]
Surplus after a tax sale: The former owner can claim surplus sale proceeds through the court.
Checked against the official text[7][5]

Federal exemption list: State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[8]
Homestead exemption: $50,000 ($100,000 joint)$50,000 plus other allowances; a homestead deed must be recorded before bankruptcy.(Va. Code §§ 34-4, 34-6)
From a reputable summary[9]

Free legal aid (LSC-funded): Blue Ridge Legal Services, Inc.
Central Virginia Legal Aid Society, Inc.
Legal Aid Society of Eastern Virginia
Legal Services of Northern Virginia, Inc.
Southwest Virginia Legal Aid Society, Inc.
Virginia Legal Aid Society, Inc.
Checked against the official text[11]
Legal help website: Virginia Legal Aid Society / VALegalAid.org
Checked against the official text[12]
State housing agency: Virginia Housing
Checked against the official text[10]
Attorney general / consumer protection: Virginia Attorney General — Consumer Protection
Checked against the official text[13]
Court self-help: Virginia's Judicial System
Checked against the official text[14]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.