Foreclosure in Virginia is typically:
Question & Answer
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Judicial only
Virginia does not require judicial foreclosure for properties secured by deeds of trust. While judicial foreclosure exists in some states, Virginia primarily uses the non-judicial method through trustees.
Non-judicial, through a trustee sale
Strict foreclosure
Strict foreclosure, where the lender takes title without a sale, is not permitted in Virginia. Virginia requires a foreclosure sale to satisfy the debt.
Only through bankruptcy court
While bankruptcy can delay foreclosure, foreclosure in Virginia occurs through state law procedures, not specifically through bankruptcy court.
Why is this correct?
Virginia's deed of trust system includes a power of sale provision that allows trustees to conduct non-judicial foreclosure sales without court intervention, making option B correct. This process is typically faster and less expensive than judicial foreclosure.
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