Virginia Foreclosure Guide
Virginia is a non-judicial (deed of trust) foreclosure state with a 60-day minimum from notice to sale. Trustee sales are advertised in a local newspaper and held at the courthouse. Virginia has no statutory right of redemption after a non-judicial sale. Northern Virginia counties (Fairfax, Arlington, Loudoun) have extremely competitive foreclosure markets; buyers should verify all HOA and condo association liens, which can be significant.
Process Type
Non-Judicial
Typical Timeline
60+ days
Sale Method
Trustee sale (courthouse)
Virginia Title Risk Articles
Fairfax County Trustee Sales: How Virginia's Deed of Trust Foreclosure Process Creates Hidden HOA Lien Exposure
Virginia's non-judicial foreclosure and HOA lien priority rules create serious risk for Fairfax County trustee sale buyers who miss recorded assessments.
Virginia Trustee Sales: Which Deed of Trust Liens Survive Foreclosure and Why Your Title Search Probably Missed Them
Virginia's non-judicial foreclosure system extinguishes junior liens—but subordination errors, future advance clauses, and cross-collateralization can leave investors holding unexpected debt.
County-Level Exceptions Investors Should Know
Statewide rules only tell part of the story. These county-level quirks catch out-of-state investors off guard.
Fairfax County
Fairfax County has large volumes of townhouse and condominium properties with HOA and condo association fees. Virginia's Property Owners Association Act (POAA) and Condominium Act give associations a lien priority for certain unpaid dues, though the priority position is limited compared to some other states. Buyers should request an association resale certificate which discloses outstanding balances.
City of Richmond (independent city)
Virginia has 38 independent cities that are not part of any county — Richmond is one of the largest. Richmond records are maintained at the Richmond Circuit Court Clerk's office, completely separate from Henrico or Chesterfield County records. Title searches covering the metro area must include Richmond City records independently.
City of Alexandria (independent city)
Alexandria's Old Town historic district is subject to Board of Architectural Review oversight. Exterior alterations to historic properties require BAR approval, which is a regulatory process (not a recorded lien) but can significantly delay or constrain renovation plans.
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