Foreclosure in Virginia is typically:
Question & Answer
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Judicial only
Judicial foreclosure — requiring a lawsuit and court order — is available in Virginia but is rarely used and is not the typical method; Virginia's deed of trust framework was specifically created to bypass the courts in most foreclosure situations.
Non-judicial, through a trustee sale
Strict foreclosure
Strict foreclosure, in which the lender simply takes title upon default without a sale, is a historical remedy largely abolished in the United States and is not recognized as a standard foreclosure method in Virginia.
Only through bankruptcy court
Bankruptcy court can impose an automatic stay that temporarily halts foreclosure proceedings, but it is not a foreclosure mechanism itself; foreclosure in Virginia is handled under state law through the deed of trust process, not through federal bankruptcy proceedings.
Why is this correct?
Answer B is correct because Virginia Code § 55.1-320 et seq. governs deeds of trust and explicitly authorizes non-judicial foreclosure through a trustee sale, making it the dominant foreclosure method in the Commonwealth. The lender (beneficiary) notifies the trustee of default, the trustee advertises the sale as required by statute, and the property is sold at public auction — all without filing a lawsuit or obtaining a court judgment. This process typically takes only 60–90 days from notice to sale, far faster than judicial foreclosure states.
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