Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Virginia Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After Judicial Foreclosure Sale - Repossession?
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FAQ
Is a foreclosure done through court? No. 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.
A property can be foreclosed in Virginia in as little as 60 days if it foreclosed through the non judicial foreclosure process and the borrower does not contest or stall the proceedings. Judicial foreclosures vary in length depending on the court schedule and rulings.
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.
When You Have to Move Out After a Virginia Foreclosure. After a Virginia nonjudicial foreclosure, the purchaser that bought the home at the foreclosure sale may start a separate unlawful detainer (eviction) action. The foreclosed homeowner might get a five-day notice to quit (leave).
If you're facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. Once you file for bankruptcy, something called an "automatic stay" goes into effect.
STRATEGIES FOR KEEPING YOUR PROPERTY AND STOPPING FORECLOSURE REINSTATE YOUR MORTGAGE ? ... REFINANCE ? ... REPAYMENT PLAN ? ... FORBEARANCE ? ... LOAN MODIFICATION ? ... BANKRUPTCY (Chapter 13) ? ... SELL THE PROPERTY ? ... SHORT SALE ?
Virginia law doesn't provide you with the right to reinstate the loan before the sale. But the deed of trust you signed when taking out the loan probably gives you time to complete a reinstatement.