When The House Is Foreclosed
Va. Code 55.1-321 — notice of the sale 60 days ahead for an owner occupied home
In Virginia, a home under a deed of trust is usually sold by the trustee. Besides the published advertisement, the trustee or the secured party gives the owner written notice of the time, date and place of the proposed sale.
Sixty days for an owner occupied home. Mailing the notice to the owner by certified or registered mail no less than 60 days before the sale, for a deed of trust on owner-occupied residential real estate, or 14 days before it for any other deed of trust, satisfies the requirement. The sale cannot go forward unless the trustee has proof that the notice was sent.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe sale can come with a couple of weeks' warning | What the law actually doesNo less than 60 days' notice for an owner occupied home |
| The assumptionThe trustee can sell without showing the notice went out | What the law actually doesThe sale cannot go forward without proof the notice was sent |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 55.1-321 — Notices required before sale by trustee to owners, lienors, etc.; if note lost
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.