What is the foreclosure process like in my state?
In Virginia, the foreclosure process begins with the lender sending a borrower a notice of default. This document will state that the borrower owes the lender money, and that if it is not paid in a specified amount of time, the lender will start to pursue foreclosure. Following the notice of default, the lender will then file a lawsuit against the borrower in civil court. The court will then issue a summons to the borrower, which is a notice that the borrower must appear in court on a specific date. If the borrower does not appear in court, the judge will enter a default judgment in favor of the lender. At this point, the lender will obtain a writ of possession from the court. This document gives the lender permission to take back the property. The borrower will be required to vacate the property within a given amount of time. In some cases, the borrower can attempt to negotiate a more favorable repayment plan with the lender, or the borrower can file a motion in court asking for an extension. Finally, the lender will be able to list the property for sale. If it does not sell within a certain amount of time, the court will issue a deed of trust to the lender, which will allow the lender to keep any proceeds from the sale. Overall, the foreclosure process in Virginia is lengthy and can be complicated. Borrowers should seek help from a qualified foreclosure defense lawyer if they are having trouble understanding the process or if they are unable to reach a satisfactory resolution.
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