Virginia Notice of Default and Election to Sell - Intent To Foreclose

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US-02072BG
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Description

A number of states have enacted measures to facilitate greater communication between borrowers and lenders by requiring mortgage servicers to provide certain notices to defaulted borrowers prior to commencing a foreclosure action. The measures serve a dual purpose, providing more meaningful notice to borrowers of the status of their loans and slowing down the rate of foreclosures within these states. For instance, one state now requires a mortgagee to mail a homeowner a notice of intent to foreclose at least 45 days before initiating a foreclosure action on a loan. The notice must be in writing, and must detail all amounts that are past due and any itemized charges that must be paid to bring the loan current, inform the homeowner that he or she may have options as an alternative to foreclosure, and provide contact information of the servicer, HUD-approved foreclosure counseling agencies, and the state Office of Commissioner of Banks.

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FAQ

Phase 1: Payment Default.Phase 2: Notice of Default.Phase 3: Notice of Trustee's Sale.Phase 4: Trustee's Sale.Phase 5: Real Estate Owned (REO)Phase 6: Eviction.Foreclosure and COVD-19 Relief.The Bottom Line.

Three of the most common methods of walking away from a mortgage are a short sale, a voluntary foreclosure, and an involuntary foreclosure. A short sale occurs when the borrower sells a property for less than the amount due on the mortgage.

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.)

A letter of intent to foreclose (LIF) is a written notice listing all past due amounts owed on a mortgage and a deadline to pay those amounts. After the deadline has passed, the lender may start the foreclosure process.

Once you default on your mortgage loan, the lender can demand that you repay the entire outstanding balance, called "accelerating the debt." If you don't repay the full loan amount or cure the default, the lender can foreclose.

How Long Does the Typical Foreclosure Process Take in Virginia? 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.

While some lenders use notices of default as the final step before foreclosure, others use it as a way to work with borrowers to bring the mortgage up to date. A notice of default and subsequent foreclosure actions are documented and reported to credit bureaus.

When You Have to Move Out After a Virginia Foreclosure The foreclosed homeowner might get a five-day notice to quit (leave). While you can stay in the property until you're forcibly removed through the eviction process, it's generally best to leave before the deadline to move out given in the notice to quit expires.

6 Ways To Stop A ForeclosureWork It Out With Your Lender.Request A Forbearance.Apply For A Loan Modification.Consult A HUD-Approved Counseling Agency.Conduct A Short Sale.Sign A Deed In Lieu Of Foreclosure.

Once a default notice has been issued, the debt can be passed or sold to a debt collector. You may then start receiving letters and phone calls from the debt collector to chase up on the debt, and payments would need to be made to the debt collector rather than the original creditor.

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Virginia Notice of Default and Election to Sell - Intent To Foreclose