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.
Rush response within 24 hours
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. Because Virginia has one of the fastest timelines in the country, homeowners must act quickly — there is no court summons to answer, so a timely civil lawsuit is essential.
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.
Virginia's 14-day notice window is among the shortest in the nation. There is no automatic court review of the foreclosure, so the sale can proceed quickly once the notice requirements are met. This means your window to stop the auction and raise defenses is measured in days, not weeks. Requesting injunctive relief early is the single most important step.
Act Immediately on the 14-Day Notice
The moment you receive the notice of sale, stop and treat the deadline as urgent. Gather every loan document and verify the sale date before you lose time.
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.
Negotiate & Explore Modifications
With the sale paused, pursue a loan modification, reinstatement, or short sale. Litigation pressure often improves the terms available.
| 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 |
Challenge a defective power of sale, improper acceleration, or a sale that failed to follow Va. Code requirements.
The foreclosing party must prove it holds the note and the deed of trust. Defective assignments are common.
Disclosure and servicing errors under federal law can support counterclaims and negotiation leverage.
Errors in the 14-day notice, advertisement, or sale procedure can invalidate the foreclosure.
Virginia's timeline is one of the fastest in the country. We help file the lawsuit and injunctive relief needed to stop the sale.
With only 14 days notice, seeking a preliminary injunction or TRO in Circuit Court is the most effective way to stop the auction.