Virginia Order to Stop Foreclosure Sale of Real Property
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How to fill out Virginia Order To Stop Foreclosure Sale Of Real Property?
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FAQ
Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder. The borrower has two hundred forty (240) days from the date of the sale to redeem the property by paying the amount for which the property was sold, plus six (6) percent interest.
Redemption is a period after your home has already been sold at a foreclosure sale when you can still reclaim your home. You will need to pay the outstanding mortgage balance and all costs incurred during the foreclosure process. Many states have some type of redemption period.
A foreclosure sale that results in the property being sold to a third party can not be reversed in bankruptcy as a preference because the third party is almost never a pre-existing creditor of the homeowner. It is very common for the foreclosing lender to make a credit bid for some or all of the debt owed to it.
Pay what you owe. Some states like California allow you to satisfy your mortgage default within up to five days of the scheduled public auction.Stop the foreclosure sale on the same day by contacting your lender to arrange payment of all monies due.
How long does it take to foreclose a property in Virginia? Depending on the timing of the various required notices, it usually takes approximately 60-90 days to effectuate an uncontested non-judicial foreclosure.
Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage. Absolutely! Many recent cases have been filed improperly and an experienced attorney can assist with the identification and filing of substantive and procedural defenses with the court and vigorously defend your case.
In a foreclosure by judicial sale, the redemption period is six months from the date of the foreclosure decree, unless the court orders a shorter time. Redemption is also available before the sale takes place, even if the initial redemption period expired.
Redeeming the Property Before the Sale One way to stop a foreclosure is by redeeming the property.Virginia law, however, doesn't provide a post-sale redemption period after a nonjudicial foreclosure.
How Can I Stop a Foreclosure in Virginia? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)