Key Takeaways
- No lawsuit is required: A trustee named in your deed of trust can sell the house at a public sale without a court case.
- Sixty days of mailed notice: An owner-occupant gets the notice of sale by certified or registered mail at least 60 days ahead (Va. Code § 55.1-321).
- No buy-back period afterward: Virginia gives no time to redeem the house after a completed trustee's sale, so every option sits before the sale date.
- The state relief program is closed: The Virginia Mortgage Relief Program stopped taking applications on May 4, 2024 (WTKR, April 2024).
If you are behind on a mortgage in Richmond, Virginia, one date controls your choices: the trustee's sale. To stop foreclosure in Richmond, VA, something has to happen before that date. The loan gets current, the servicer approves a workout, a sale pays the loan off, or a bankruptcy filing pauses the process.
This guide walks the Virginia calendar from the first missed payment to the sale, then lists your options in order. It is general information, not legal advice, so have a housing counselor or a Virginia attorney review your own file.
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Let's chatHow Does Foreclosure Work in Richmond, Virginia?
Foreclosure in Richmond usually happens outside of court, through a trustee's sale under your deed of trust. A deed of trust is the document you signed at closing that pledges the house as security for the loan. After a default, the trustee can sell the house when the lender asks (Va. Code § 55.1-320). No judge reviews the default, which is what makes Virginia a non-judicial state.
If the lender names a substitute trustee, the appointment must be recorded with the clerk where the deed of trust is recorded (Va. Code § 55.1-320(9)). For a house inside the City of Richmond, that is the Clerk of the Richmond Circuit Court at the John Marshall Courts Building, 400 North 9th Street.
The Foreclosure Timeline in Virginia, Step by Step
The foreclosure timeline in Virginia has no single length set by statute, but the steps are the same every time. Federal servicing rules come first, then at least 60 days of state notice, then the newspaper ads and the sale.
| Stage | What happens | Timing and source |
|---|---|---|
| 1. Missed payment | The loan is delinquent, and late charges can start. | The first missed due date |
| 2. Early outreach | The servicer must try to reach you and send a written notice about options. | Day 36 and day 45 (12 CFR 1024.39) |
| 3. The 120-day floor | The servicer generally cannot make the first foreclosure notice or filing. | Until the loan is more than 120 days delinquent (12 CFR 1024.41(f)) |
| 4. The 60-day notice | The trustee or lender mails the time, date, and place of the sale by certified or registered mail. | At least 60 days before the sale (Va. Code § 55.1-321) |
| 5. Newspaper ads | The sale is advertised in a local newspaper. | Va. Code § 55.1-322 |
| 6. Sale day | The trustee holds the public sale at the place the notice names. | At least 8 days after the first ad, no more than 30 days after the last (Va. Code §§ 55.1-320, 55.1-322) |
| 7. After the sale | The trustee deeds the house to the purchaser and pays out the proceeds. | Va. Code § 55.1-324; no post-sale redemption period |
A trustee can postpone a sale. The new date must be advertised again the same way, but no new 60-day letter is required (Va. Code §§ 55.1-321(D), 55.1-322(D)).
What the 60-Day Notice and the Newspaper Ads Must Say
For an owner-occupied house, the notice of sale must give the time, date, and place of the sale, mailed by certified or registered mail at least 60 days ahead (Va. Code § 55.1-321).
What the letter has to include
- The time, date, and place of the sale.
- The last payment received, the total in arrears, and the remaining principal balance.
- HUD's housing counseling website and the statewide legal aid center's contact details.
It must also say, in at least 12-point type: “This is NOT a notice to vacate the premises.” You still own the house until it is sold.
The affidavit rule
A trustee cannot sell an owner-occupied house without an affidavit from whoever sent the notice, confirming it went out, with a copy of the notice attached (Va. Code § 55.1-320(10)). Before the sale starts, the trustee must give redacted copies of both to each potential buyer.
Do not build a plan around a notice mistake, though. Section 55.1-321(C) says a failure to follow the notice rules does not affect the validity of the sale.
If the owner has died
If the lender knows the owner died, the notice also goes to any recorded personal representative and to the heirs on a recorded list of heirs (Va. Code § 55.1-321(A)). Our guide to selling an inherited house in Richmond covers the probate side.
The newspaper ads
The trustee must also advertise the sale in a newspaper with general circulation in the city or county where the house sits (Va. Code § 55.1-322). The ad must give the street address, the time, place, and terms of sale, and a contact for questions (Va. Code § 55.1-323).
- If your deed of trust sets the number of ads: at least once a week for two weeks, or once a day for three days.
- If it is silent: once a week for four weeks, or five ads on different days for a house in a city such as Richmond.
Either way, the sale must fall at least 8 days after the first ad and no more than 30 days after the last. A sale advertised in breach of these rules is voidable by the court on petition (Va. Code § 55.1-322(E)).
What Happens at a Virginia Trustee's Sale?
A Virginia trustee's sale is a public sale where the trustee sells the house and later signs a trustee's deed to the purchaser.
Where the sale is held
The trustee chooses: the house itself, the front of the circuit court building, or another place in the city or county where the house sits (Va. Code § 55.1-320(7)). Your notice and the newspaper ad name the place, date, and time.
Where the money goes
The trustee pays the sale costs and its commission first, then priority taxes, the secured debt, and junior liens in order. Anything left goes to you (Va. Code § 55.1-324).
Is there a redemption period after the sale?
Virginia gives an owner no period to buy the house back after a completed trustee's sale; the trustee's sale statutes (Va. Code §§ 55.1-320 to 55.1-324) contain no redemption right. Before the sale, paying off the whole loan ends the process (Nolo on AllLaw, April 2025).
Can the lender come after you for a shortfall?
A Virginia lender may be able to pursue you for a shortfall after the sale. If the sale brings in less than you owe, the gap is a deficiency. As a general matter, the same Nolo guide says Virginia has no anti-deficiency law, so a lender may file a separate lawsuit for it. Before a short sale or a deed in lieu, ask the lender in writing whether it waives the shortfall.
The Federal 120-Day Rule and Loss Mitigation
Federal servicing rules generally bar a servicer from making the first foreclosure notice or filing until your loan is more than 120 days delinquent (12 CFR 1024.41). Loss mitigation is the servicer's term for alternatives to foreclosure. When your complete application arrives decides which protections you get.
- Complete before the first notice or filing: foreclosure generally cannot start until the servicer decides, any appeal ends, or you turn the options down (12 CFR 1024.41(f)(2)).
- Complete more than 37 days before a sale: the servicer must evaluate you for every available option within 30 days. It generally cannot hold the sale while that review is open (12 CFR 1024.41(c), (g)).
A servicer need not repeat these protections if it already reviewed a complete application and you stayed delinquent since (12 CFR 1024.41(i)). Send every page requested and keep proof of the arrival date.
How to Stop Foreclosure in Richmond, VA: Your Options in Order
The options that can stop foreclosure in Richmond, VA, run from keeping the loan, to selling the house, to a bankruptcy filing as a last resort. The early ones keep the most but often need the most time.
1. Reinstatement
Reinstatement means paying everything past due, plus late charges, fees, and the lender's costs, to bring the loan current. Check whether your deed of trust gives a right to reinstate and when it ends, then ask for a written quote.
2. A loan modification or forbearance request
A modification changes the loan's terms, such as the rate or the length. Forbearance pauses or lowers payments for a set time, and the missed amount still comes due. Both go through your servicer and work best with a complete application sent early. If Virginia Housing holds your loan, ask about its Borrower's Assistance Program at 888-756-8603.
3. A HUD-approved housing counselor
A HUD-approved housing counselor is free and can help you sort your options and prepare the application. Contacts, including Virginia Housing's counseling line, are in the free help list below.
The Virginia Mortgage Relief Program stopped taking applications on May 4, 2024 and is “closing indefinitely” (WTKR, April 25, 2024). Be wary of anyone who says they can get you in.
4. A listed sale, if there is time
If you have equity and time, listing with an agent may net you more. Richmond houses sold in a median of 14 days over the three months ending August 2026, down from 16 a year earlier (Redfin, August 2026). Add time for the buyer's loan and closing, then compare with your sale date.
5. A short sale
A short sale lets you sell for less than the payoff, with the lender's written approval. The lender decides the price it accepts and whether it waives the shortfall, so get both answers in writing.
6. A deed in lieu of foreclosure
A deed in lieu signs the house over to the lender, which has to agree. It usually leaves you no equity, and the deficiency question applies here too.
7. A cash sale that closes before the sale date
A cash sale skips the buyer's loan and appraisal, which can matter when the calendar is short. The settlement agent pays the loan from the proceeds using your servicer's payoff statement. Once the debt is paid, the trustee must release the deed of trust on request (Va. Code § 55.1-324(B)), and you keep the remaining equity.
8. Bankruptcy, as a last resort, with a lawyer
Under Chapter 13, “the automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition” (U.S. Courts, Chapter 13 Bankruptcy Basics). The repayment plan usually runs three to five years. Talk with a Virginia bankruptcy attorney first.
Your options side by side
| Option | What it needs | What you keep |
|---|---|---|
| Reinstatement | Funds for the arrears, fees, and costs | The house and the loan |
| Modification or forbearance | A complete application, sent early | The house, on new or paused terms |
| Listed sale | Time to list and close before the sale date | Equity left after the payoff and commissions |
| Short sale | A buyer plus the lender's written approval | Usually no equity; ask about the shortfall |
| Deed in lieu | Lender review and approval | Usually no equity; ask about the shortfall |
| Cash sale | Payoff and title work cleared before the sale date | Equity left after the payoff; no commissions |
| Chapter 13 | A petition filed before the sale | The house, if payments are made |
Can You Sell a House Before Foreclosure in Richmond?
Yes, you can sell a house before foreclosure in Richmond at any point up to the trustee's sale, because you still own it. A closing that pays the loan in full ends the foreclosure. The limit is time: title work, the payoff, and other liens must clear first.
Unpaid city real estate taxes are one of those items. The City of Richmond charges $1.20 per $100 of assessed value, with a 10% penalty and 10% annual interest on late payments (City of Richmond Department of Finance, 2026). Back taxes are typically paid at closing. See our guide to Richmond delinquent real estate taxes.
What your equity may look like
Richmond's median sale price was $425,718 over the three months ending August 2026, down 1.0% from a year earlier (Redfin, August 2026). Separately, the Zillow Home Value Index for the City of Richmond was $364,726 on August 31, 2026, up 2.6% in a year (Zillow ZHVI, August 2026). Neither figure prices your house. Our Richmond housing market guide for 2026 has the detail.
Where a cash offer fits, and where it does not
A cash offer tends to fit when the sale date is close, the house needs repairs, or you would rather skip showings. It fits poorly when you want to keep the house. Propcash is a direct cash homebuyer, founded in 2026 and based in Nashville, that makes offers as a principal. On a foreclosure, Propcash is only a possible buyer: it does not negotiate with your lender, and it does not give legal advice. There are no fees or commissions, the house is sold as-is, and a cash offer may close on a date you choose before the trustee's sale.
You get one transparent, data-backed offer with the reasoning shown. It stands, with no aggressive follow-up, and we say so if we are not the right buyer. You can request a written cash offer on your Richmond house and compare it with every option above, or read our Richmond cash offer page first.
If a cash sale isn't your best move, we'll tell you and point you to a local agent who fits. We may receive compensation from agents we refer.
City of Richmond or a County Address: What Changes
A Richmond mailing address does not always mean the City of Richmond, and the difference decides which clerk holds your records. Richmond is an independent city, separate from Henrico and Chesterfield counties. Many Richmond mailing addresses sit in those counties, so check your tax bill or deed first.
| Item | City of Richmond | Henrico County | Chesterfield County |
|---|---|---|---|
| Circuit Court Clerk (land records) | John Marshall Courts Building, 400 North 9th Street; (804) 646-6505 | 4309 E. Parham Road, Room 240; (804) 501-4202 | 9500 Courthouse Road, Chesterfield; 804-748-1241 |
| Five-day ad option (deed of trust silent) | Can apply, as a city | Can apply, as a county next to a city | Can apply, as a county next to a city |
| Possible sale places | The house, the courthouse front, or another place in the city | Same, or inside a bordering city | Same, or inside a bordering city |
Sources: Va. Code §§ 55.1-320(7) and 55.1-322, the Henrico County Clerk, and the Chesterfield County Circuit Court. Our Virginia cash offer page covers the rest of the state.
Free Foreclosure Help in Richmond
Free foreclosure help in Richmond comes from HUD-approved counselors, Virginia Housing, two city-funded agencies, and legal aid.
- HUD-approved housing counselors: HUD's Talk to a Housing Counselor page lists approved agencies.
- Virginia Housing: its foreclosure prevention page lists counseling at 877-843-2123 toll free, 804-782-1986 for Richmond local calls, and Virginia Relay at 711.
- City-funded counseling: Richmond funds “post-purchase or foreclosure prevention counseling” through Housing Opportunities Made Equal and Southside Community Housing and Development Corporation (City of Richmond, 2026).
- Central Virginia Legal Aid Society: free civil legal help, including foreclosure prevention, for low-income residents of the city, Henrico, and Chesterfield; 804-648-1012 (CVLAS, 2026).
Be careful with anyone who wants money upfront to fix your loan, or who asks you to deed the house over and rent it back. Show any agreement to a housing counselor or an attorney first.
Why wait? Sell your house “as is” for cash today
Tell us about your house. We'll make you a cash offer based on local market data.
Let's chatFrequently Asked Questions
How long does the foreclosure timeline in Virginia take?
No Virginia statute sets one total length, because the servicer decides when to start. Federal rules generally hold off the first foreclosure notice or filing until a loan is more than 120 days delinquent. After that, an owner-occupant gets at least 60 days of mailed notice before the trustee's sale.
Can I get my house back after a Virginia trustee's sale?
Virginia gives an owner no statutory right to redeem a house after a completed trustee's sale, so every option has to happen before the sale date. If the sale brings in more than the debts and costs, the trustee pays the leftover to the owner under Va. Code § 55.1-324.
Can I sell my house before foreclosure in Richmond?
A Richmond owner can sell the house at any point before the trustee's sale, because the owner still holds title until then. A closing that pays off the loan in full ends the foreclosure. Title, the payoff statement, and any other liens have to clear before the sale date, so starting early helps. If you owe more than the house can sell for, the lender must approve a short sale in writing.
Is the Virginia Mortgage Relief Program still open?
The Virginia Mortgage Relief Program is closed and is not taking applications. WTKR reported on April 25, 2024 that it would stop accepting applications on May 4, 2024 and was closing indefinitely. Owners who are behind today should start with their servicer or a HUD-approved housing counselor.
Where can Richmond homeowners get free foreclosure help?
Virginia Housing lists free foreclosure counseling at 877-843-2123, or 804-782-1986 for Richmond local callers. The City of Richmond funds foreclosure prevention counseling through Housing Opportunities Made Equal and Southside Community Housing and Development Corporation. Central Virginia Legal Aid Society offers free legal help to income-eligible owners.
Data Sources: Code of Virginia, CFPB, U.S. Courts, Virginia Housing, City of Richmond, Henrico County, Chesterfield County, Central Virginia Legal Aid Society, WTKR, Nolo, Redfin, Zillow. Propcash is a direct cash homebuyer, not a law firm.