Mortgage foreclosure: trustee's sale
Virginia mortgage foreclosures are usually handled under a deed of trust. The trustee can auction the house without a court case. For an owner-occupied home, written notice of the sale generally must go to the owner at least 60 days ahead; for other property, the period is generally 14 days. The sale also must be advertised in a local newspaper.
These notice and advertising rules appear in Virginia Code § 55.1-320, § 55.1-321 and § 55.1-322. A trustee may postpone a sale; a postponed sale must be advertised again. Do not assume the date moved. Confirm the current sale date and payoff with the title company or an attorney, and plan to close before the trustee's sale rather than counting on buying the house back afterward.
The agreement can give us a basis to ask the trustee for a postponement, but the signing itself does not change the date. Confirm any postponement before relying on it.
