Virginia is a non-judicial foreclosure state. You do not receive a Summons. The lender sends a 14-day notice letter and advertises the sale. To stop it, file a civil lawsuit in Virginia Circuit Court. Here is how.
Virginia uses non-judicial foreclosure under the power of sale in the deed of trust (Va. Code § 55.1-320 et seq.). The lender sends a 14-day notice of sale and advertises it. Virginia has one of the fastest timelines — act quickly.
Virginia's Fast Timeline
Virginia requires only 14 days notice of sale. The foreclosure auction can happen very quickly after default. File your lawsuit as soon as you receive notice.
File Complaint in Circuit Court
File a civil complaint in the Circuit Court in the county/city of the property. Claims: wrongful foreclosure, violation of Va. Code foreclosure procedures, TILA/RESPA violations, lack of standing.
Seek Injunctive Relief
With 14 days only, you need immediate injunctive relief. File for a preliminary injunction or TRO alongside the Complaint. The court will hear the injunction urgently.
| Foreclosure Type | Non-Judicial (deed of trust, Va. Code § 55.1-320) |
| Notice Period | 14 days minimum |
| Court | VA Circuit Court (county/city of property) |
| Filing Fee | $175-$400 |