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You Just Received a Trustee Sale Notice in Virginia — Here's What to Do Before the Deadline

  • Writer: Luke Miller
    Luke Miller
  • 2 days ago
  • 7 min read

Opening a piece of mail and seeing the words "Trustee Sale Notice" can feel like the floor dropping out from under you. Your heart races. You read it again, certain you misunderstood something. Then the date sinks in — and suddenly the world feels very small and very urgent. If that's where you are right now, take a breath. You are not the first person to stand at this exact crossroads, and the situation, as frightening as it feels, is not necessarily as final as that letter makes it sound.


Opening a piece of mail and seeing the words "Trustee Sale Notice" can feel like the floor dropping out from under you. Your heart races. You read it again, certain you misunderstood something. Then the date sinks in — and suddenly the world feels very small and very urgent. If that's where you are right now, take a breath. You are not the first person to stand at this exact crossroads, and the situation, as frightening as it feels, is not necessarily as final as that letter makes it sound.

What you do in the next few days genuinely matters, so we want to give you real, honest information — not a runaround, not a sales pitch. Just a clear picture of what's happening, what your options are, and how people in situations just like yours have found a way through. There is a path forward. Let's walk through it together.

What's Actually Happening Legally

In Virginia, the foreclosure process is primarily non-judicial, meaning lenders don't have to take you to court to foreclose. This isn't always the case, but most mortgage foreclosure situations work this way. This is governed under Virginia Code § 55.1-321, which requires lenders to provide written notice at least 14 days before a foreclosure sale. That notice must be mailed to you, and it must include the date, time, and location of the proposed trustee sale.

Here's what's critical to understand: that 14-day window is not a suggestion. The trustee — a third party appointed in your deed of trust — is authorized to sell the property at public auction once that notice period expires and the sale date arrives. Virginia's process moves faster than most people expect, which is why the urgency you're feeling right now is completely appropriate.

The good news is that "notice received" is not the same as "sold." You still have time. The question is what you do with it?

If You Received A Trustee Sale Notice in Virginia, Here's What To Do

It's worth being honest about the full range of options — including the ones that don't involve us.

1. Reinstatement. If you can bring your loan current — including all missed payments, late fees, and lender costs — you can stop the foreclosure entirely. Virginia law allows reinstatement even up until the sale date in some cases. If you have the funds or can access them quickly, this is often the cleanest solution.

2. Loan modification or forbearance. Contact your lender directly. Some lenders will pause the process if you're actively negotiating a repayment plan or modification. It doesn't always work, and it doesn't always work fast enough, but it's worth the call. A HUD-approved housing counselor can help you navigate this at no cost — find one at hud.gov.

3. Bankruptcy. Filing Chapter 13 bankruptcy triggers an automatic stay, which legally halts the foreclosure. This buys time to reorganize your debt. However, bankruptcy has long-term consequences and requires an attorney. It's not the right answer for everyone and should really only be considered if you have a clear way to make those housing payments in the future. It should be a last step if everything else fails!

4. Do nothing. We mention this only because it's a real choice people make and they make it often! Sometimes out of exhaustion or despair, but doing nothing in this situation isn't the right step. The house goes to auction, the lender is paid what they're owed, and if there's equity remaining after the sale, you may be entitled to those funds. But timing, process, and outcomes are unpredictable, and you lose control entirely.

5. Sell the property before the sale date. If there is equity in the home, a quick sale — either through a traditional agent or a direct buyer — can pay off the debt, stop the foreclosure, and potentially put money in your pocket. A traditional listing takes weeks or months you may not have. A direct sale to the right buyer can close in days. Research days on market in your area and interview real estate agents if they are experienced working on short deadlines that are critical for selling in a foreclosure situation.

A distressed rural virginia home


Why a Specialized Buyer Often Makes the Most Sense

Most traditional real estate transactions require clear title, cooperative owners, a full inspection process, and a buyer who can wait through weeks of lender underwriting. When a trustee sale notice is on the table, none of those luxuries exist.

This is where companies like Simple Home Relief operate differently — and why that difference actually matters in a situation like yours.

Simple Home Relief self-insures title, which means clouded title, liens, or paperwork complications don't automatically kill a deal. Standard buyers (and most investors) and their lenders walk away the moment title gets messy. We don't!

Simple Home Relief can also purchase partial or fractional ownership interests, even without all owners agreeing. This matters more than people realize. Some of the most complicated situations we encounter involve inherited properties where not everyone is aligned — some heirs want to sell, some don't, and the clock is still ticking.

We've sat across the table from families in heartbreaking situations. One that stays with me involved a family member who passed away, and the surviving family later discovered the loan had been in serious default for over a year. The deceased had been hiding the delinquency letters, handling the mail quietly, and the partner had no idea the home was in danger. By the time that trustee sale notice arrived, the surviving owner was already grieving — and now faced losing the house, too.


Having someone who could move quickly, explain every step, and handle the complexity without judgment made a real difference.

We also have situations where families have simply run out of options and accepted the loss as inevitable. One family we worked with was so far behind, and the delinquency so large, that they had mentally moved on — already planning where they'd go after the auction. What they didn't know was that there was still equity in the property. A fast sale meant they didn't just avoid the auction — they walked away with funds to rebuild. They didn't have to move immediately. They had choices again.

What the Process Looks Like with Simple Home Relief

There's no elaborate process here, and there's no pressure. Here's what it actually looks like:

Step 1: One conversation. You reach out — by phone or through the website — and we listen. We ask about the property, the situation, and the timeline. No jargon, no judgment. You will hang up the phone and know exactly where we stand and if we can help.

Step 2: We review the property. We look at the details on our end — ownership history, any title complications, current market value. This happens quickly.

Step 3: We make you an offer. If the numbers make sense, we'll present a clear, written offer. You take whatever time you need to think about it. We don't use pressure tactics. We will rarely be the best offer and you shouldn't expect a high number. The quicker we have to move, the higher chance that things are missed and we must account for this in our offers.

Step 4: We close — fast. When you're ready, we can move to closing in a matter of days. We handle the complexity. You get clarity.

Frequently Asked Questions

Can I stop a trustee sale after the notice has already been sent?

Yes, in many cases you can — but you need to act quickly. In Virginia, the sale can be halted through reinstatement of the loan, a negotiated agreement with the lender, a bankruptcy filing, or by selling the property before the auction date. The key is that each of these options requires action before the sale occurs, not after. Once the gavel falls, your options change dramatically.

What if the property has title problems or multiple owners who can't agree?

This is more common than most people realize, and it doesn't have to be a dead end. Specialized buyers like Simple Home Relief are equipped to handle fractured ownership, clouded title, and situations where heirs disagree — without requiring everyone to be on the same page first. Traditional buyers and lenders typically walk away from these situations; we're built specifically to navigate them.

What if I owe more than the house is worth?

This is a harder situation, but it still warrants a conversation. Depending on the lender and the circumstances, a short sale may be possible — where the lender agrees to accept less than what's owed. This requires lender approval and takes time, which is why acting immediately matters. A specialist can help you assess whether this is a realistic path given your specific timeline.

Will I have to move out right away if I sell?

Not necessarily. In many direct sale transactions, the closing timeline is flexible, and post-closing occupancy arrangements can be negotiated. If you need a few weeks after closing to get situated, that's a conversation worth having — and one we're happy to have honestly, based on the specific circumstances.

Receiving a trustee sale notice doesn't mean everything is already lost. It means the clock is running, and the next steps you take matter. If you want to talk through your situation without any obligation, Simple Home Relief is here whenever you're ready. Visit simplehomerelief.com to learn more or reach out at a pace that feels right for you. There's no pressure here — just people who understand what you're going through and want to help you find a way forward. Hopefully you now know what to do if you received a trustee sale notice in Virginia.

 
 
 

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