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FinancingNon_judicial_foreclosure_processHARD

A Virginia real estate exam candidate is reviewing the non-judicial foreclosure process. Which of the following statements about Virginia's foreclosure process is EXCEPT one that is correct — which statement is INCORRECT?

Correct Answer

C) After a completed trustee's sale, the former borrower has a 12-month statutory right of redemption

Option C is INCORRECT. Virginia does not provide a 12-month (or any) post-sale statutory right of redemption after a completed non-judicial trustee's sale. Once the trustee's sale is conducted and the trustee's deed is delivered to the purchaser, the former owner's rights are extinguished. A post-sale redemption period is a feature of some judicial foreclosure states, not Virginia's non-judicial process.

Answer Options
A
Virginia uses a deed of trust rather than a mortgage as the primary security instrument
B
The foreclosure sale is conducted by the trustee under the power of sale clause without a court order
C
After a completed trustee's sale, the former borrower has a 12-month statutory right of redemption
D
The trustee must advertise the sale at least once per week for two consecutive weeks in a local newspaper

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Related Topics & Key Terms

Key Terms:

non_judicial_foreclosureright_of_redemptionreverse_questionforeclosure_process

Related Concepts

The secondary mortgage market is where existing mortgage loans are bought and sold between lenders, investors, and government-sponsored enterprises (GSEs) like Fannie Mae, Freddie Mac, and Ginnie Mae.

TILA is a federal law that requires lenders to disclose the true cost of credit to borrowers, including the annual percentage rate (APR), total finance charges, and loan terms. It is implemented by Regulation Z.

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

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