What type of notice is required before a foreclosure sale?

In Virginia, a homeowner facing foreclosure must be given certain notices before a foreclosure sale can be conducted. The most important notice, commonly known as a “right to cure,” must be sent to the homeowner prior to the foreclosure auction. The right to cure allows the homeowner to reinstate their payments, which would stop the foreclosure process and put the homeowner back in good standing. The right to cure must be sent by first-class mail, certified mail, or personal service, and should include information about the loan, the default, the right of the homeowner to reinstate the loan, any additional fees and when the notice was sent. In addition to the right to cure, lenders must also send a Notice of Default and Foreclosure to the homeowner. This notice must be sent to the homeowner either in person or by certified or registered mail no less than fifteen days prior to the sale. It must include information about the loan default, the right to reinstate the loan, other fees, the date of the foreclosure, and the lender’s contact information. The lender must also publicly advertise the foreclosure sale as it is required to be published at least once a week for four consecutive weeks in a newspaper of general circulation in the county or city where the property is located. The advertisement must include information about the loan, the default, the time, date and location of the sale, and the name of the trustee conducting the sale. In summary, Virginia requires lenders to send a right to cure notice and a Notice of Default and Foreclosure, as well as publicly advertise the foreclosure sale before the auction can take place.

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