Virginia · ForeclosureVirginia trustee's sale: the 60-day notice, the advertisement window and who gets notice

When a Virginia deed of trust is foreclosed by a trustee's sale, besides the newspaper advertisement the trustee or the secured party must give written notice of the time, date and place of sale to the owner, to subordinate lienholders and assignees whose deeds of trust and addresses were recorded at least 75 days before the sale (30 days for property that isn't owner-occupied), and to condominium, property owners' and proprietary lessees' associations that recorded liens in the same window. Mailing a copy of the advertisement or a notice with the same information to the owner by certified or registered mail at least 60 days before the sale of owner-occupied residential real estate – 14 days for other property – and to the lienholders and associations by ordinary mail in the same periods satisfies the requirement (Code §55.1-321). If the deed of trust sets the number of advertisements, they run at least once a week for two weeks or once a day for three days; otherwise the trustee advertises once a week for four successive weeks, or on five different days for property in or next to a city. Either way the sale must be held no earlier than eight days after the first advertisement and no more than 30 days after the last (§55.1-322).