In Virginia, the foreclosure process is non-judicial, meaning it doesn't typically go through the courts. Because of this, the timeline can move quickly. Here's a general outline of how long you may have to stop a foreclosure:
1. **Notice of Default (NOD)**
- In Virginia, lenders are required to send a **Notice of Default** when you fall behind on your mortgage payments. However, there is **no mandatory waiting period** before they can start the foreclosure process after the notice.
2. **Notice of Trustee's Sale**
- After a borrower is in default, the lender (or trustee) must send a **Notice of Trustee’s Sale**, which informs you that your property is being scheduled for auction.
- The **Notice of Sale must be mailed at least 14 days** before the scheduled auction date.
- In some cases, the notice may also be published in a local newspaper for **two consecutive weeks** before the sale.
3. **The Auction**
- The auction can happen quickly, often as soon as **14 to 30 days** after the Notice of Trustee's Sale is issued. This means you may have only about **two weeks to a month** to stop the foreclosure once the notice is mailed, depending on how quickly the lender moves.
4. **Ways to Stop the Foreclosure Before the Sale**
- **Reinstating the Loan:** In Virginia, you can stop the foreclosure by reinstating your loan. This means you must pay the full amount of missed payments plus any late fees or other charges. In most cases, the right to reinstate exists up until **five days before the sale**.
- **Filing for Bankruptcy:** Filing for **Chapter 13 bankruptcy** can stop the foreclosure process immediately, since it triggers an automatic stay that halts any collection activity, including foreclosure. This can give you time to reorganize your finances and make payments.
- **Loan Modification or Repayment Plan:** If you're working with your lender to modify the loan or agree to a repayment plan, this could halt or delay the foreclosure process.
5. **Post-Sale Redemption (No Right in Virginia)**
- Virginia **does not have a post-sale redemption period**, meaning once the home is sold at auction, you no longer have the right to redeem it by paying the mortgage balance.
6. **Eviction After the Sale**
- After the auction, if your home is sold, you do not have to leave immediately. The new owner (often the lender) must go through the formal eviction process, which could give you a few extra weeks in the property, depending on the local court system. However, at this point, saving the home is no longer an option unless you can come to an agreement with the new owner.
To stop a foreclosure in Virginia, you typically have up until the day of the auction (or within five days of it) to take decisive action. It is important to act as quickly as possible once you receive a Notice of Default or Notice of Trustee's Sale.