Facing Foreclosure in Virginia?

You have more time and more options than you think. Virginia uses non-judicial foreclosure with a typical timeline of 90 days. This guide explains what's happening and what to do.

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46 HUD Counselors in Virginia

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20+ Years Experience

Foreclosure Type

Non-Judicial

No court involvement required

Typical Timeline

90 Days

From first notice to sale

Redemption Period

Pre-Sale Only

Cure before sale only

Deficiency Judgment

Allowed

Lender may pursue balance owed

Right to Cure

30 Days

Deadline to pay arrears

Mandatory Mediation

Not Required

Federal protections apply

Where are you right now?

I'm behind on payments You've missed one or more mortgage payments but haven't received a foreclosure notice I got a foreclosure notice You received a Notice of Default or a letter about foreclosure proceedings My sale date is soon Your home is scheduled to be sold at auction

Virginia ranks 32th in the nation for financial distress, with a State Distress Index score of 46 (Normal). The state's bankruptcy filing rate is 184 per 100,000 residents. Credit card delinquency stands at 9.85%. If you're struggling, you're not alone.

Source: Virginia Financial Distress Profile — American Default Research, updated 2026-04-16

Most Distressed Counties

County	Score	Zone
Petersburg city	88.3	Crisis
Hopewell city	86.0	Crisis
Portsmouth city	81.9	Crisis
Norfolk city	77.3	Serious
Hampton city	77.1	Serious

26 counties in Serious or Crisis zones, 49 in Elevated.

See all 133 Virginia counties →

Virginia Foreclosure Timeline

Virginia is one of the faster foreclosure states. Federal law protects you for the first 120 days.

Day 1–36

Missed payment. Your servicer must attempt to contact you by Day 36 to discuss options. Federal law (Regulation X).

Day 37–45

Written notice required. Your servicer must send written notice of loss mitigation options by Day 45. You can still apply for help.

Day 45–120

Protected period. Federal law prohibits your lender from starting foreclosure until Day 120. This is your window to apply for a loan modification or forbearance.

Day 120+

Foreclosure can begin. If you've received a Notice of Default, you're here. In Virginia, the lender must provide proper notice and follow state-specific publication requirements. You still have options — see what you can do.

Day 150–150

Foreclosure sale. The property is sold at public auction, typically at the county courthouse. The lender often buys it back.

After sale

No post-sale redemption. Virginia does not offer a post-sale redemption period. Once the sale is confirmed, the property transfers to the new owner. This makes it even more important to act before the sale date.

For a personalized timeline based on your last payment date, use our Foreclosure Timeline Calculator.

Your Rights Under Virginia Law

Right to Cure Virginia has no statutory cure period — the cure right comes from your deed of trust, which typically allows 30 days before acceleration. After acceleration, you can still reinstate by paying all arrears, fees, and costs (not the full balance) up until the day of sale. Va. Code § 55.1-320; deed of trust terms

Right to Reinstate Until the gavel falls. Virginia allows reinstatement up to the day of sale. Va. Code § 55.1-320

Your Options in Virginia

Every situation is different, but most Virginia homeowners have more options than they realize. Here are the paths available to you, from keeping your home to making a clean exit.

Can I keep my home?

Yes, if you act early enough. A loan modification permanently changes your mortgage terms to make payments affordable. Your servicer is required to evaluate you for one if you submit a complete application more than 37 days before a scheduled sale.

Forbearance gives you a temporary payment pause. It doesn't erase what you owe, but it buys time if your hardship is short-term. In Virginia, federal CFPB servicing rules (Regulation X, 12 CFR 1024) require servicers to evaluate loss mitigation applications before foreclosing. Given Virginia's short timeline, borrowers should request loss mitigation immediately at the first signs of difficulty. Reinstatement means paying everything you owe (missed payments plus fees) to bring the loan current.

Filing for Chapter 13 bankruptcy triggers an automatic stay that halts foreclosure immediately. You can catch up on missed payments over 3-5 years while keeping your home. The bankruptcy filing rate in Virginia is 184 per 100,000 residents.

What if I can't keep my home?

Selling before foreclosure gives you control over the process and protects your credit score. A short sale lets you sell for less than you owe with lender approval. A deed in lieu of foreclosure transfers the property directly to the lender.

If you sell through a short sale in Virginia, you can negotiate a deficiency waiver as part of the approval. Short sales available with servicer approval.

A deed in lieu of foreclosure in Virginia transfers the property directly to the lender. Deed in lieu of foreclosure available with servicer approval.

In Virginia, the lender can pursue a deficiency judgment — but in practice, most lenders negotiate a release as part of a short sale or deed-in-lieu agreement.

A distressed property specialist can help

An agent who works with distressed sellers in Virginia can negotiate with your lender, manage the short sale process, and help you walk away with your credit intact. The earlier you start, the more leverage you have.

Talk to one for free

My sale date is within 30 days

You still have options, but you need to move fast.

File for bankruptcy. A Chapter 13 filing triggers an automatic stay that stops the sale immediately. Talk to a bankruptcy attorney today.

Submit a loss mitigation application. If you haven't already, a complete application received more than 37 days before the sale forces your servicer to review it before proceeding.

Call a HUD counselor now. They can contact your servicer on your behalf and may be able to delay the sale. Call 1-800-569-4287.

Financial Assistance in Virginia

Virginia Mortgage Relief Program

Funds Available

Administered by Virginia Housing Development Authority (VHDA)

Apply Visit program website

Other Virginia Programs

VHDA HomeSaver Foreclosure Prevention Program

VHDA's HomeSaver program provides free counseling for Virginia homeowners at risk of foreclosure. Housing counselors help borrowers negotiate with servicers, apply for loss mitigation, and access HAF funds.

Visit website

After the Sale in Virginia

Eviction Notice

5 Days

Court order required for removal

Surplus Funds

Check eligibility

Contact the court or trustee for details

Cash for Keys

May be available

Cash-for-keys agreements are common, especially in Northern Virginia.

After the deed is recorded, the new owner files an Unlawful Detainer action if you have not moved out. The court typically schedules a hearing within 21 days. The federal Protecting Tenants at Foreclosure Act (PTFA) requires at least 90 days' notice for bona fide tenants in any state.

Protect yourself from scams

People in financial distress are prime targets for fraud. Know these rules:

⚠

Never pay an upfront fee for help. Advance fees for mortgage or debt assistance are illegal in most states. If anyone asks for money before doing anything, walk away.

⚠

HUD-approved counseling is always free. Call 1-800-569-4287 or visit the CFPB counselor finder. If someone charges for what HUD counselors do for free, it's a scam.

⚠

Never sign over your deed without an attorney. "Equity stripping" and "sale-leaseback" scams trick homeowners into transferring their title. You could lose your home permanently.

⚠

Your servicer must evaluate you for loss mitigation. Under federal rules (Regulation X), servicers cannot start foreclosure until you're 120+ days delinquent, and must review your application before proceeding. If a company claims only they can "save" your home, verify through your actual servicer.

Report fraud: CFPB · FTC · your state attorney general's office.

How It Works

Tell us your situation

Answer a few questions about where you are in the process. Takes 60 seconds.

We review your options

A local professional reviews your situation based on Virginia law and your servicer's track record.

You get a plan

You receive a personalized action plan with next steps. No upfront fees. No obligation.

Foreclosure Timeline Calculator

See exactly when each step of Virginia's foreclosure process happens based on your last payment date.

Hardship Letter Generator

Write a loss mitigation request to your mortgage servicer. Pre-formatted with your situation details.

Get a Free, Confidential Review of Your Options in Virginia

A HUD counselor, attorney, or distressed property specialist in Virginia can review your specific situation. Many at no cost.

We connect you with HUD-approved counselors, legal aid, and distressed property specialists. We do not sell your information.

Free Resources in Virginia

HUD-Approved Counselors

46 certified agencies in Virginia provide free foreclosure prevention counseling. They can negotiate with your servicer on your behalf.

Find a counselor near you

Legal Aid

Virginia Legal Aid Society provides free legal help to low-income residents facing foreclosure, eviction, and debt collection.

Find legal aid

Virginia State Bar Lawyer Referral Service

The Virginia State Bar Lawyer Referral Service can connect you with a foreclosure defense attorney. Initial consultations are often free or low-cost.

Find an attorney

Virginia Foreclosure Law

Detailed guide to Virginia's foreclosure statutes, homeowner protections, and redemption rights. Every claim cited to its source statute.

Read Virginia foreclosure law

File a Complaint

If your mortgage servicer violates your rights, file a complaint with the Virginia Bureau of Financial Institutions (BFI) or the Virginia Attorney General. You can also file with the Consumer Financial Protection Bureau.

State financial regulator Attorney General CFPB complaint portal

Virginia Housing Development Authority (VHDA)

Your state housing finance agency administers homeowner assistance programs, foreclosure prevention services, and affordable housing resources.

Visit Virginia Housing Development Authority (VHDA)

Frequently Asked Questions

How long does foreclosure take in Virginia?

Virginia uses non-judicial foreclosure. The process typically takes 90 days from the first notice to the sale date. Federal law (Regulation X) prohibits lenders from starting foreclosure until Day 120 of delinquency.

Can I stop foreclosure once it starts in Virginia?

Yes. You have several options: (1) Reinstatement — pay all missed payments plus fees to bring your loan current. (2) Loan modification — your servicer must review a complete application received more than 37 days before a scheduled sale. (3) Forbearance — temporary payment pause. (4) Bankruptcy — triggers an automatic stay that halts the sale immediately. (5) Short sale — sell the property before the lender does.

Does Virginia allow deficiency judgments?

Yes. Virginia allows deficiency judgments. After the foreclosure sale, the lender can pursue you in court for the difference between your remaining loan balance and the sale price. Consider negotiating a release as part of any exit strategy.

Is foreclosure counseling free in Virginia?

Yes. There are 46 HUD-approved counseling agencies in Virginia. Call 1-800-569-4287 for a free referral. HUD counselors can negotiate with your servicer on your behalf at no cost to you. Find one near you.

What is the homestead exemption in Virginia?

Virginia's homestead exemption is $5,000. Important: this exemption does not protect your home from mortgage foreclosure. It only protects equity from unsecured creditors like credit card companies. It will not stop or slow a foreclosure.

What if I have an FHA, VA, or USDA loan in Virginia?

Government-backed loans have additional protections beyond Virginia state law. FHA loans require a face-to-face meeting attempt before foreclosure. VA loans require the servicer to explore all alternatives. USDA loans have their own loss mitigation process. These protections generally extend the timeline beyond the state minimums.

Is the Homeowner Assistance Fund still available in Virginia?

Yes. The Virginia Mortgage Relief Program still has funds available. Apply here. HAF can cover past-due mortgage payments, property taxes, insurance, and utilities.

Can I do a short sale to avoid foreclosure in Virginia?

Yes. In Virginia, you can negotiate a deficiency waiver as part of a short sale approval. Short sales available with servicer approval. Get the waiver in writing before closing. A HUD-approved counselor can help negotiate the terms.

Last updated: 2026-04-16. Data sources: Federal Reserve Bank of New York, CFPB, U.S. Courts, Census Bureau, BLS, Virginia Code.

Virginia Foreclosure Facts