This page follows the Code of Virginia's own steps for a sale under a deed of trust. It is general information, not legal or financial advice; an attorney can look at your loan and your deed of trust.
How a Virginia trustee sale works
| Step | What the law says |
|---|---|
| Default | When the debt or a covenant is not paid or kept, the trustee, at the request of the lender, declares the whole debt due and may sell the house at auction (Va. Code § 55.1-320). |
| Notice to the owner | The owner gets written notice of the time, date and place of the sale. Mailed by certified or registered mail no less than 60 days before the sale for an owner-occupied home, or 14 days for other property, it meets the law, and the sale cannot go forward unless the trustee has proof the notice was sent (Va. Code § 55.1-321). |
| An owner who has died | If the lender has been told the owner died, the notice also goes to the owner's last known address, to any personal representative whose appointment is recorded where the house is, and to the heirs on a recorded list of heirs (Va. Code § 55.1-321). |
| Newspaper advertisement | The sale is advertised in a newspaper with general circulation where the house is. Where the deed of trust sets no number of ads, it runs once a week for four weeks, or on five different days for property in a city or in a county next to one; the sale is held no earlier than eight days after the first ad and no later than 30 days after the last (Va. Code § 55.1-322). |
| The auction | Unless the deed of trust says otherwise, the trustee may hold it at the house, in front of the circuit court building, at another place in the county or city where the house is, in a city surrounded by or next to that county, or, for annexed land, in the county it was once part of (Va. Code § 55.1-320). The trustee may ask a bidder for a deposit of up to 10% of the price, unless the deed of trust sets another limit (Va. Code § 55.1-324). |
| After the auction | The trustee pays the expenses of the sale, then taxes with priority, then, in order of priority, the remaining debts the deed of trust secures and any liens of record that rank below it, and pays anything left over to the owner, accounting for it to the commissioner of accounts (Va. Code § 55.1-324). |
| A postponed sale | The trustee can postpone the sale. It is advertised again the same way, but no new mailed notice to the owner is required (Va. Code § 55.1-322; Va. Code § 55.1-321). |
How long does foreclosure take in Virginia?
The Code of Virginia's sections on a trustee sale set the last stretch of the process, not its whole length. For an owner-occupied home, a notice of the sale's time, date and place mailed by certified or registered mail at least 60 days before the sale meets the notice rule, or 14 days before it for other property (Va. Code § 55.1-321). So for an owner-occupied home, the sale named in a notice that meets the rule is at least 60 days after the notice was mailed.
The newspaper advertisement has its own clock. Where the deed of trust sets no number of ads, it runs once a week for four weeks, or on five different days for property in a city or in a county next to one, and the sale is held no earlier than eight days after the first ad and no later than 30 days after the last (Va. Code § 55.1-322). If the trustee postpones the sale, it is advertised again in the same way, but no new mailed notice is required (Va. Code § 55.1-321).
How long it takes to reach the notice after a missed payment is not set by these sections; your lender or an attorney can tell you what applies to your loan.
Selling before the sale date
A sale to FastIBuyer closes like any other sale: the loan is paid off from the proceeds at closing. Once every debt, duty and obligation the deed of trust places on the owner is discharged, including any expenses already incurred in preparing for the sale, the trustee must, at the owner's request and at the owner's cost, deliver a deed of release (Va. Code § 55.1-324). If the price will not cover what you owe, the lender has to agree to accept less, which is called a short sale, and not every lender agrees.
The earlier you ask for an offer, the more of the notice period is left for title work and the closing. FastIBuyer can close in as little as 7 days.
The courthouse near you
The law names the front of the circuit court building as one of the places a trustee may hold the sale, and a trustee's deed after a sale is recorded in the land records (Va. Code § 55.1-320; Va. Code § 55.1-321), which the Clerk of the Circuit Court keeps. For the places FastIBuyer buys in:
| Circuit court (land records; one place a trustee may sell) | Where | Covers | Our pages |
|---|---|---|---|
| Alexandria Circuit Court | 520 King Street, Alexandria | the City of Alexandria | Alexandria |
| Arlington Circuit Court | 1425 N. Courthouse Road, Arlington | Arlington County and the City of Falls Church | Arlington, Falls Church |
| Fairfax Circuit Court | 4110 Chain Bridge Road, Fairfax | Fairfax County and the City of Fairfax, including the Alexandria and Falls Church addresses outside those two cities | Fairfax, Springfield |
| Prince William Circuit Court | 9311 Lee Avenue, Manassas | Prince William County and the Cities of Manassas and Manassas Park | Prince William County, Woodbridge, Dale City, Manassas, Dumfries |
| Stafford Circuit Court | 1300 Courthouse Road, Stafford | Stafford County | Stafford |
| Spotsylvania Circuit Court | 9107 Judicial Center Lane, Spotsylvania | Spotsylvania County | Spotsylvania |
| Fredericksburg Circuit Court | 701 Princess Anne Street, Fredericksburg | the City of Fredericksburg | Fredericksburg |
Frequently Asked Questions
Can I still sell after the notice of sale arrives?
Yes. Until the trustee's sale takes place, you still own the house and can sell it, and the loan is paid off at your closing. For an owner-occupied home, notice sent by certified or registered mail at least 60 days before the sale date meets Virginia's notice rule.
What happens to money left over after a trustee sale?
After the expenses of the sale, taxes with priority, the remaining debts the deed of trust secures and any liens of record that rank below it are paid in order, the trustee pays the rest to the owner.
What if I owe more than the house is worth?
Then a sale only closes if the lender agrees to accept less than the full payoff, which is a short sale. Not every lender agrees, and the lender runs its own review. Tell us what you owe when you ask for an offer.
Will a postponed sale give me more time?
Only if the trustee postpones it, which is the trustee's decision. A postponed sale is advertised again, but Virginia does not require a new mailed notice to you.
