Topic guideUpdated 2026-02-27
Virginia Pre-Foreclosure Notices — What You Must Receive
Notice requirements, timelines, and what to do when you receive a demand letter or notice of default in Virginia.
What the notice must contain
The pre-foreclosure notice in Virginia must:
- Identify the loan and property
- State the nature of the default (typically missed payments)
- Specify the amount needed to cure the default
- Include your right to cure the default and the deadline to do so
- Be served by written notice sent by certified or registered mail to borrower's last known address at least 14 days before sale (30 days for owner-occupied dwelling per § 55.1-321.01); notice of sale published in a newspaper once per week for 2 successive weeks; posting at the property
Notice timeline
1
Default occurs
You miss payments and the lender declares you in default.
2
Notice served
The lender must give you 14 days' notice of sale mailed to borrower; 30 days' notice for owner-occupied residential properties (§ 55.1-321.01); advertisement once per week for 2 successive weeks in a newspaper of general circulation (sale not sooner than 8 days after second advertisement) days' notice before proceeding §55.1-321.
3
Cure window
During the notice period, you have the right to cure the default by paying the amount specified in the notice.
4
Lender proceeds
If the default is not cured within the notice period, the lender may begin the power-of-sale process.
Federal requirements
In addition to Virginia law, federal regulations §12 C.F.R. 1024.41 require mortgage servicers to:
- Make early contact efforts within 36 days of a missed payment
- Provide a written notice with loss mitigation options within 45 days
- Wait at least 120 days after the first missed payment before filing a foreclosure action
⚠If you did not receive the required notice, or the notice was defective (wrong amount, wrong address, insufficient time), this may be a defense to the foreclosure. Do not assume the notice is correct — verify it carefully.
✓When you receive a pre-foreclosure notice, the first step is to calculate your deadline and the total amount needed to cure. Then explore all options: reinstatement, loan modification, and legal consultation.
Prepare for Your Consultation
Quick checklist (Foreclosure Defense)
Gather these before your first consultation.
Mortgage docs & notices
(deed of trust, demand letters)
Payment history
(bank statements, escrow)
Correspondence
(lender letters, dates, names)
General preparation tips only. Specific needs depend on your state and lender.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
Legal authoritiesStatutes referenced on this page
Va. Code § 55.1-321
Pre-foreclosure notice requirements
Virginia requires notice before foreclosure can proceed. Period: 14 days' notice of sale mailed to borrower; 30 days' notice for owner-occupied residential properties (§ 55.1-321.01); advertisement once per week for 2 successive weeks in a newspaper of general circulation (sale not sooner than 8 days after second advertisement). Must include cure right: yes.
- Notice period: 14 days' notice of sale mailed to borrower; 30 days' notice for owner-occupied residential properties (§ 55.1-321.01); advertisement once per week for 2 successive weeks in a newspaper of general circulation (sale not sooner than 8 days after second advertisement)
- Service method: written notice sent by certified or registered mail to borrower's last known address at least 14 days before sale (30 days for owner-occupied dwelling per § 55.1-321.01); notice of sale published in a newspaper once per week for 2 successive weeks; posting at the property
- Must include cure right: yes
Verified 2026-07-20 · quarterly review
Va. Code § 55.1-321
Title 55.1, Chapter 3 — Deeds of Trust (§ 55.1-300 et seq., Foreclosure Under Power of Sale)
Primary foreclosure statute governing nonjudicial foreclosure in Virginia.
Verified 2026-07-20 · quarterly review
12 C.F.R. § 1024.41
Federal pre-foreclosure requirements (Regulation X)
Requires mortgage servicers to contact borrowers within 36 days of a missed payment, provide written loss mitigation options within 45 days, and wait at least 120 days before filing foreclosure.
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →