Chattel Mortgage Form Foreclosure In Fairfax
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FAQ
If your landlord is suing you for not paying rent, you may be able to avoid an eviction judgment by paying everything that you owe, including late fees, court costs, and attorney fees before or at your court date. This is called the “right of redemption”.
Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. Virginia, however, doesn't have a law providing a post-sale redemption period. So, you won't be able to redeem the home following a foreclosure.
Once you are 120 days past due on your mortgage payments, then the lender can begin a foreclosure. The lender may choose to go through a Judicial or a Nonjudicial foreclosure. Judicial means they sue you in court.
Under Virginia law, foreclosures are done outside of court. Virginia is a non-judicial state therefore the Trustee simply sells your property, usually at a public auction to the highest bidder. Before doing this, the Trustee must follow the rules set forth in your Deed of Trust.
The address of the Land Records Division is: Fairfax Circuit Court, 4110 Chain Bridge Road, Suite 317, Fairfax, VA 22030. The telephone number is 703/691-7320 (press 3, then 3). The office is open from a.m. – p.m. Monday through Friday.
Virginia law, however, doesn't provide a post-sale redemption period after a nonjudicial foreclosure.
Foreclosure Timelines by State StateProcess Period (in days)Publish Sale (in days) Virginia 45 14-28 Washington 135 90 Washington D.C. 47 18 West Virginia 60-90 30-6047 more rows •
Recording Requirements: Per § 55.1-407(A), the grantor must file their quitclaim deed with the County Circuit Court Clerk where the property resides. Transfer Tax: Yes (Va. Code § 58.1-801).