{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-321.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-321.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-321.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-321.html"}],"law_id":82152,"edition_id":1,"section_id":82152,"structure_id":15078,"section_number":"55.1-321","catch_line":"Notices required before sale by trustee to owners, lienors, etc.; if note lost","history":"1979, c. 12, \u00a7 55-59.1; 1992, c. 739; 1993, c. 597; 1994, c. 143; 2004, c. 1001; 2009, c. 307; 2018, cc. 34, 204; 2019, c. 712; 2021, Sp. Sess. I, cc. 91, 92; 2024, c. 803.","full_text":"A\n\nIn addition to the advertisement required by § 55.1-322, the trustee or the party secured shall give written notice of the time, date, and place of any proposed sale in execution of a deed of trust, and such notice shall include either (i) the instrument number or deed book and page numbers of the instrument of appointment filed pursuant to § 55.1-320, or (ii) a copy of the executed and notarized appointment of substitute trustee by personal delivery or by mail to (a) the present owner of the property to be sold at his last known address as such owner and address appear in the records of the party secured; (b) any subordinate lienholder who holds a note against the property secured by a deed of trust recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale and whose address is recorded with the deed of trust; (c) any assignee of such a note secured by a deed of trust, provided that the assignment and address of assignee are likewise recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale; (d) any condominium unit owners’ association that has filed a lien pursuant to § 55.1-1966; (e) any property owners’ association that has filed a lien pursuant to § 55.1-1833; and (f) any proprietary lessees’ association that has filed a lien pursuant to § 55.1-2148. Written notice shall be given pursuant to clauses (d), (e), and (f) only if the lien is recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale. If the secured party has received notification that the owner of the property to be sold is deceased, the notice required by clause (a) shall be given to (1) the last known address of such owner as such address appears in the records of the party secured; (2) any personal representative of the deceased’s estate whose appointment is recorded among the records of the circuit court where the property is located, at the address of the personal representative that appears in such records; and (3) any heirs of the deceased who are listed on the list of heirs recorded among the records of the circuit court where the property is located, at the addresses of the heirs that appear in such records. Mailing of a copy of the advertisement or a notice containing the same information to the owner by certified or registered mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, and to lienholders, the property owners’ association or proprietary lessees’ association, their assigns, and the condominium unit owners’ association, at the address noted in the memorandum of lien, by ordinary mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, shall be a sufficient compliance with the requirement of notice. The written notice of proposed sale when given as provided in this subsection shall be deemed an effective exercise of any right of acceleration contained in such deed of trust or otherwise possessed by the party secured relative to the indebtedness secured. The inadvertent failure to give notice as required by this subsection shall not impose liability on either the trustee or the secured party. The foreclosure sale cannot go forward unless the trustee has proof that the notice has been sent.A1\n\nIf the proposed sale is initiated due to a default in payment under a security instrument that (i) was, at the time it was recorded, subordinate to another security interest encumbering the same real property and (ii) has not subsequently been elevated to a first priority lien by a recorded voluntary subordination agreement, such subordinate mortgage lienholder shall submit to the trustee an affidavit affirming whether monthly statements were sent to the property owner for each period that any interest, fees, or other charges were assessed. No such interest, fees, or other charges shall be assessed or charged for any period during which periodic statements were not sent unless the subordinate mortgage lienholder identifies a specific exemption pursuant to applicable law for which such subordinate mortgage lienholder was not required to send such specific statements for any period of time enumerated in the affidavit. Such affidavit shall also include an itemized list of the current amount owed, including any periods in which interest, fees, and other charges were waived because no monthly statements were sent during such period. The subordinate mortgage lienholder shall provide a copy of such affidavit to the person required to pay the instrument with written notice that a request for sale shall be made of the trustee upon the expiration of 60 days from the day of mailing such notice. Such notice shall be sent by certified mail, return receipt requested, to the last known mailing address of such person required to pay the instrument. Such notice shall advise the person required to pay the instrument that if such person believes that such interest, fees, or other charges have been assessed in error, such person may, prior to the sale, petition the circuit court of the city or county where such property or some part thereof lies for an accounting and order declaring the proper balance secured by the subordinate mortgage. If the court determines that charges were assessed in error, such person shall be entitled to recover attorney fees and costs against the subordinate mortgage lienholder. The provisions of this subsection shall not apply to subordinate lienholders who are either (a) the original creditor, (b) a mortgage servicer acting on behalf of the original creditor, (c) a national or state chartered bank, or (d) a federal or state chartered credit union.A2\n\nAny purchaser at a foreclosure sale shall provide certification that such purchaser shall pay off any priority security instruments no later than 90 days from the date that the trustee’s deed conveying the property pursuant to such sale is recorded in the land records. The person originally required to pay the instrument shall have the right to petition the circuit court of the city or county where the property or some part thereof lies to recover from the purchaser any payments toward such priority lien amounts made by such person required to pay the instrument after the date of the foreclosure sale, plus any attorney fees and costs.B\n\nIf a note or other evidence of indebtedness secured by a deed of trust is lost or for any reason cannot be produced and the beneficiary submits to the trustee an affidavit to that effect, the trustee may nonetheless proceed to sale, provided that the beneficiary has given written notice to the person required to pay the instrument that the instrument is unavailable and a request for sale will be made of the trustee upon expiration of 60 days from the date of mailing of the notice, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days from the date of mailing of the notice, in the case of all other deeds of trust. The notice shall be sent by certified mail, return receipt requested, to the last known address of the person required to pay the instrument as reflected in the records of the beneficiary and shall include the name and mailing address of the trustee. The notice shall further advise the person required to pay the instrument that if he believes he may be subject to a claim by a person other than the beneficiary to enforce the instrument, he may petition the circuit court of the county or city where the property or some part thereof lies for an order requiring the beneficiary to provide adequate protection against any such claim. If deemed appropriate by the court, the court may condition the sale on a finding that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. If the trustee proceeds to sale, the fact that the instrument is lost or cannot be produced shall not affect the authority of the trustee to sell or the validity of the sale.C\n\nWhen the written notice of proposed sale is given as provided in this section, there is a rebuttable presumption that the lienholder has complied with any requirement to provide notice of default contained in a deed of trust. Failure to comply with the requirements of notice contained in this section shall not affect the validity of the sale, and a purchaser for value at such sale shall be under no duty to ascertain whether such notice was validly given.D\n\nIn the event of postponement of sale, which may be done in the discretion of the trustee, no new or additional notice is required to be given pursuant to this section.E\n\nIn the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the website address of the U.S. Housing and Urban Development’s (HUD) Office of Housing Counseling with a listing of HUD-certified housing counseling agencies, the website address and telephone number of the statewide legal aid center, and the following language, or language that is substantially similar, in at least 12-point type: “This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency.”F\n\nIn the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears; and the remaining total principal balance due on the instrument.","order_by":null,"text":{"0":{"id":294461,"text":"In addition to the advertisement required by § 55.1-322, the trustee or the party secured shall give written notice of the time, date, and place of any proposed sale in execution of a deed of trust, and such notice shall include either (i) the instrument number or deed book and page numbers of the instrument of appointment filed pursuant to § 55.1-320, or (ii) a copy of the executed and notarized appointment of substitute trustee by personal delivery or by mail to (a) the present owner of the property to be sold at his last known address as such owner and address appear in the records of the party secured; (b) any subordinate lienholder who holds a note against the property secured by a deed of trust recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale and whose address is recorded with the deed of trust; (c) any assignee of such a note secured by a deed of trust, provided that the assignment and address of assignee are likewise recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale; (d) any condominium unit owners’ association that has filed a lien pursuant to § 55.1-1966; (e) any property owners’ association that has filed a lien pursuant to § 55.1-1833; and (f) any proprietary lessees’ association that has filed a lien pursuant to § 55.1-2148. Written notice shall be given pursuant to clauses (d), (e), and (f) only if the lien is recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale. If the secured party has received notification that the owner of the property to be sold is deceased, the notice required by clause (a) shall be given to (1) the last known address of such owner as such address appears in the records of the party secured; (2) any personal representative of the deceased’s estate whose appointment is recorded among the records of the circuit court where the property is located, at the address of the personal representative that appears in such records; and (3) any heirs of the deceased who are listed on the list of heirs recorded among the records of the circuit court where the property is located, at the addresses of the heirs that appear in such records. Mailing of a copy of the advertisement or a notice containing the same information to the owner by certified or registered mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, and to lienholders, the property owners’ association or proprietary lessees’ association, their assigns, and the condominium unit owners’ association, at the address noted in the memorandum of lien, by ordinary mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, shall be a sufficient compliance with the requirement of notice. The written notice of proposed sale when given as provided in this subsection shall be deemed an effective exercise of any right of acceleration contained in such deed of trust or otherwise possessed by the party secured relative to the indebtedness secured. The inadvertent failure to give notice as required by this subsection shall not impose liability on either the trustee or the secured party. The foreclosure sale cannot go forward unless the trustee has proof that the notice has been sent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":294462,"text":"If the proposed sale is initiated due to a default in payment under a security instrument that (i) was, at the time it was recorded, subordinate to another security interest encumbering the same real property and (ii) has not subsequently been elevated to a first priority lien by a recorded voluntary subordination agreement, such subordinate mortgage lienholder shall submit to the trustee an affidavit affirming whether monthly statements were sent to the property owner for each period that any interest, fees, or other charges were assessed. No such interest, fees, or other charges shall be assessed or charged for any period during which periodic statements were not sent unless the subordinate mortgage lienholder identifies a specific exemption pursuant to applicable law for which such subordinate mortgage lienholder was not required to send such specific statements for any period of time enumerated in the affidavit. Such affidavit shall also include an itemized list of the current amount owed, including any periods in which interest, fees, and other charges were waived because no monthly statements were sent during such period. The subordinate mortgage lienholder shall provide a copy of such affidavit to the person required to pay the instrument with written notice that a request for sale shall be made of the trustee upon the expiration of 60 days from the day of mailing such notice. Such notice shall be sent by certified mail, return receipt requested, to the last known mailing address of such person required to pay the instrument. Such notice shall advise the person required to pay the instrument that if such person believes that such interest, fees, or other charges have been assessed in error, such person may, prior to the sale, petition the circuit court of the city or county where such property or some part thereof lies for an accounting and order declaring the proper balance secured by the subordinate mortgage. If the court determines that charges were assessed in error, such person shall be entitled to recover attorney fees and costs against the subordinate mortgage lienholder. The provisions of this subsection shall not apply to subordinate lienholders who are either (a) the original creditor, (b) a mortgage servicer acting on behalf of the original creditor, (c) a national or state chartered bank, or (d) a federal or state chartered credit union.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":294463,"text":"Any purchaser at a foreclosure sale shall provide certification that such purchaser shall pay off any priority security instruments no later than 90 days from the date that the trustee’s deed conveying the property pursuant to such sale is recorded in the land records. The person originally required to pay the instrument shall have the right to petition the circuit court of the city or county where the property or some part thereof lies to recover from the purchaser any payments toward such priority lien amounts made by such person required to pay the instrument after the date of the foreclosure sale, plus any attorney fees and costs.","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":294464,"text":"If a note or other evidence of indebtedness secured by a deed of trust is lost or for any reason cannot be produced and the beneficiary submits to the trustee an affidavit to that effect, the trustee may nonetheless proceed to sale, provided that the beneficiary has given written notice to the person required to pay the instrument that the instrument is unavailable and a request for sale will be made of the trustee upon expiration of 60 days from the date of mailing of the notice, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days from the date of mailing of the notice, in the case of all other deeds of trust. The notice shall be sent by certified mail, return receipt requested, to the last known address of the person required to pay the instrument as reflected in the records of the beneficiary and shall include the name and mailing address of the trustee. The notice shall further advise the person required to pay the instrument that if he believes he may be subject to a claim by a person other than the beneficiary to enforce the instrument, he may petition the circuit court of the county or city where the property or some part thereof lies for an order requiring the beneficiary to provide adequate protection against any such claim. If deemed appropriate by the court, the court may condition the sale on a finding that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. If the trustee proceeds to sale, the fact that the instrument is lost or cannot be produced shall not affect the authority of the trustee to sell or the validity of the sale.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":294465,"text":"When the written notice of proposed sale is given as provided in this section, there is a rebuttable presumption that the lienholder has complied with any requirement to provide notice of default contained in a deed of trust. Failure to comply with the requirements of notice contained in this section shall not affect the validity of the sale, and a purchaser for value at such sale shall be under no duty to ascertain whether such notice was validly given.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":294466,"text":"In the event of postponement of sale, which may be done in the discretion of the trustee, no new or additional notice is required to be given pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":294467,"text":"In the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the website address of the U.S. Housing and Urban Development’s (HUD) Office of Housing Counseling with a listing of HUD-certified housing counseling agencies, the website address and telephone number of the statewide legal aid center, and the following language, or language that is substantially similar, in at least 12-point type: “This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency.”","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":294468,"text":"In the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears; and the remaining total principal balance due on the instrument.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15078,"edition_id":1,"name":"Form and Effect of Deeds of Trust; Sales Thereunder; Assignments; Releases","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13328,"metadata":{},"date_created":"2026-06-26 03:52:02","date_modified":"2026-06-26 03:52:02","permalink":{"id":245061,"object_type":"structure","relational_id":15078,"identifier":"2","token":"55.1\/I\/3\/2","url":"\/55.1\/I\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13328,"edition_id":1,"name":"Form and Effect of Deeds and Covenants; Liens","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244985,"object_type":"structure","relational_id":13328,"identifier":"3","token":"55.1\/I\/3","url":"\/55.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65329,"structure_id":15078,"section_number":"55.1-316","catch_line":"Form of deed of trust to secure debts, etc","url":"\/55.1-316\/","token":"55.1\/I\/3\/2\/55.1-316","metadata":false},{"id":70118,"structure_id":15078,"section_number":"55.1-317","catch_line":"Requirements for trustees","url":"\/55.1-317\/","token":"55.1\/I\/3\/2\/55.1-317","metadata":false},{"id":86332,"structure_id":15078,"section_number":"55.1-318","catch_line":"Credit line deed of trust defined; 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form of certificate of transfer","url":"\/55.1-336\/","token":"55.1\/I\/3\/2\/55.1-336","metadata":false},{"id":60195,"structure_id":15078,"section_number":"55.1-337","catch_line":"Required notice of foreclosure or repossession of manufactured home","url":"\/55.1-337\/","token":"55.1\/I\/3\/2\/55.1-337","metadata":false},{"id":77976,"structure_id":15078,"section_number":"55.1-338","catch_line":"Release to person dead inures to successors","url":"\/55.1-338\/","token":"55.1\/I\/3\/2\/55.1-338","metadata":false},{"id":82066,"structure_id":15078,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","url":"\/55.1-339\/","token":"55.1\/I\/3\/2\/55.1-339","metadata":false},{"id":78869,"structure_id":15078,"section_number":"55.1-340","catch_line":"Release by financial institution upon payment of debt placed with it for collection","url":"\/55.1-340\/","token":"55.1\/I\/3\/2\/55.1-340","metadata":false},{"id":58312,"structure_id":15078,"section_number":"55.1-341","catch_line":"Partial satisfaction","url":"\/55.1-341\/","token":"55.1\/I\/3\/2\/55.1-341","metadata":false},{"id":65250,"structure_id":15078,"section_number":"55.1-342","catch_line":"Permissible form for certificate of satisfaction or certificate of partial satisfaction","url":"\/55.1-342\/","token":"55.1\/I\/3\/2\/55.1-342","metadata":false},{"id":72373,"structure_id":15078,"section_number":"55.1-343","catch_line":"Where certificates of satisfaction are to be indexed","url":"\/55.1-343\/","token":"55.1\/I\/3\/2\/55.1-343","metadata":false},{"id":74812,"structure_id":15078,"section_number":"55.1-344","catch_line":"Releases made by court; costs and attorney fees","url":"\/55.1-344\/","token":"55.1\/I\/3\/2\/55.1-344","metadata":false},{"id":78458,"structure_id":15078,"section_number":"55.1-345","catch_line":"Recordation of certificate of satisfaction, etc., required when release of lien recorded","url":"\/55.1-345\/","token":"55.1\/I\/3\/2\/55.1-345","metadata":false}],"previous_section":{"id":84870,"structure_id":15078,"section_number":"55.1-320","catch_line":"How deed of trust construed; duties, rights, etc., of parties","url":"\/55.1-320\/","token":"55.1\/I\/3\/2\/55.1-320","metadata":false},"next_section":{"id":69372,"structure_id":15078,"section_number":"55.1-322","catch_line":"Advertisement required before sale by trustee","url":"\/55.1-322\/","token":"55.1\/I\/3\/2\/55.1-322","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-321\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 12 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 739; in 1993, chapter 597; in 1994, chapter 143<\/a>; in 2004, chapter 1001<\/a>; in 2009, chapter 307<\/a>; in 2018, chapters 34<\/a> and 204<\/a>; in 2019, chapter 712<\/a>; in 2024, chapter 803<\/a>.<\/p>","references":[{"id":84870,"section_number":"55.1-320","catch_line":"How deed of trust construed; duties, rights, etc., of parties","order_by":null,"url":"\/55.1-320\/"},{"id":68866,"section_number":"64.2-1309","catch_line":"Accounts of sales under deeds of trust","order_by":null,"url":"\/64.2-1309\/"}],"refers_to":[{"id":74192,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","order_by":null,"url":"\/55.1-1833\/"},{"id":86561,"section_number":"55.1-1966","catch_line":"Lien for assessments; foreclosure","order_by":null,"url":"\/55.1-1966\/"},{"id":60916,"section_number":"55.1-2148","catch_line":"Remedies for nonpayment of assessments; lien; foreclosure","order_by":null,"url":"\/55.1-2148\/"},{"id":84870,"section_number":"55.1-320","catch_line":"How deed of trust construed; duties, rights, etc., of parties","order_by":null,"url":"\/55.1-320\/"},{"id":69372,"section_number":"55.1-322","catch_line":"Advertisement required before sale by trustee","order_by":null,"url":"\/55.1-322\/"}],"permalink":{"id":245087,"object_type":"law","relational_id":82152,"identifier":"55.1-321","token":"55.1\/I\/3\/2\/55.1-321","url":"\/55.1-321\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-321\/","token":"55.1\/I\/3\/2\/55.1-321","dublin_core":{"Title":"Notices required before sale by trustee to owners, lienors, etc.; if note lost","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-321","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the advertisement required by § 55.1-322<\/a>, the trustee or the party<\/span> secured shall give written notice of the time, date, and place of any proposed sale in execution of a deed of trust, and such notice shall include either (i) the instrument number or deed book and page numbers of the instrument of appointment filed pursuant to § 55.1-320<\/a>, or (ii) a copy of the executed and notarized appointment of substitute trustee by personal delivery or by mail to (a) the present owner of the property to be sold at his last known address as such owner and address appear in the records of the party<\/span> secured; (b) any subordinate lienholder who holds a note against the property secured by a deed of trust recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale and whose address is recorded with the deed of trust; (c) any assignee of such a note secured by a deed of trust, provided that the assignment and address of assignee are likewise recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale; (d) any condominium unit owners’ association that has filed a lien<\/span> pursuant to § 55.1-1966<\/a>; (e) any property owners’ association that has filed a lien<\/span> pursuant to § 55.1-1833<\/a>; and (f) any proprietary lessees’ association that has filed a lien<\/span> pursuant to § 55.1-2148<\/a>. Written notice shall be given pursuant to clauses (d), (e), and (f) only if the lien<\/span> is recorded at least 75 days, in the case of a deed of trust conveying owner-occupied residential real estate, or 30 days, in the case of all other deeds of trust, prior to the proposed sale. If the secured party<\/span> has received notification that the owner of the property to be sold is deceased, the notice required by clause (a) shall be given to (1) the last known address of such owner as such address appears in the records of the party<\/span> secured; (2) any personal representative of the deceased’s estate whose appointment is recorded among the records of the circuit<\/span> court<\/span> where the property is located, at the address of the personal representative that appears in such records; and (3) any heirs of the deceased who are listed on the list of heirs recorded among the records of the circuit<\/span> court<\/span> where the property is located, at the addresses of the heirs that appear in such records. Mailing of a copy of the advertisement or a notice containing the same information to the owner by certified or registered mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, and to lienholders, the property owners’ association or proprietary lessees’ association, their assigns, and the condominium unit owners’ association, at the address noted in the memorandum<\/span> of lien<\/span>, by ordinary mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days prior to such sale, in the case of all other deeds of trust, shall be a sufficient compliance with the requirement of notice. The written notice of proposed sale when given as provided in this subsection shall be deemed an effective exercise of any right of acceleration contained in such deed of trust or otherwise possessed by the party<\/span> secured relative to the indebtedness secured. The inadvertent failure to give notice as required by this subsection shall not impose liability on either the trustee or the secured party<\/span>. The foreclosure sale cannot go forward unless the trustee has proof that the notice has been sent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> If the proposed sale is initiated due to a default<\/span> in payment under a security instrument that (i) was, at the time it was recorded, subordinate to another security interest encumbering the same real property and (ii) has not subsequently been elevated to a first priority lien<\/span> by a recorded voluntary subordination<\/span> agreement, such subordinate mortgage lienholder shall submit to the trustee an affidavit<\/span> affirming whether monthly statements were sent to the property owner for each period that any interest, fees, or other charges were assessed. No such interest, fees, or other charges shall be assessed or charged for any period during which periodic statements were not sent unless the subordinate mortgage lienholder identifies a specific exemption pursuant to applicable law<\/span> for which such subordinate mortgage lienholder was not required to send such specific statements for any period of time enumerated in the affidavit<\/span>. Such affidavit<\/span> shall also include an itemized list of the current amount owed, including any periods in which interest, fees, and other charges were waived because no monthly statements were sent during such period. The subordinate mortgage lienholder shall provide a copy of such affidavit<\/span> to the person required to pay the instrument with written notice that a request for sale shall be made of the trustee upon the expiration of 60 days from the day of mailing such notice. Such notice shall be sent by certified mail, return receipt requested, to the last known mailing address of such person required to pay the instrument. Such notice shall advise the person required to pay the instrument that if such person believes that such interest, fees, or other charges have been assessed in error, such person may, prior to the sale, petition<\/span> the circuit<\/span> court<\/span> of the city or county where such property or some part thereof lies for an accounting and order<\/span> declaring the proper balance secured by the subordinate mortgage. If the court<\/span> determines that charges were assessed in error, such person shall be entitled to recover attorney fees and costs against the subordinate mortgage lienholder. The provisions of this subsection shall not apply to subordinate lienholders who are either (a) the original creditor<\/span>, (b) a mortgage servicer acting on behalf of the original creditor<\/span>, (c) a national or state chartered bank, or (d) a federal or state chartered credit union. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> Any purchaser at a foreclosure sale shall provide certification that such purchaser shall pay off any priority security instruments no later than 90 days from the date that the trustee’s deed conveying the property pursuant to such sale is recorded in the land records. The person originally required to pay the instrument shall have the right to petition<\/span> the circuit<\/span> court<\/span> of the city or county where the property or some part thereof lies to recover from the purchaser any payments toward such priority lien<\/span> amounts made by such person required to pay the instrument after the date of the foreclosure sale, plus any attorney fees and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a note or other evidence<\/span> of indebtedness secured by a deed of trust is lost or for any reason cannot be produced and the beneficiary submits to the trustee an affidavit<\/span> to that effect, the trustee may nonetheless proceed to sale, provided that the beneficiary has given written notice to the person required to pay the instrument that the instrument is unavailable and a request for sale will be made of the trustee upon expiration of 60 days from the date of mailing of the notice, in the case of a deed of trust conveying owner-occupied residential real estate, or 14 days from the date of mailing of the notice, in the case of all other deeds of trust. The notice shall be sent by certified mail, return receipt requested, to the last known address of the person required to pay the instrument as reflected in the records of the beneficiary and shall include the name and mailing address of the trustee. The notice shall further advise the person required to pay the instrument that if he believes he may be subject to a claim by a person other than the beneficiary to enforce the instrument, he may petition<\/span> the circuit<\/span> court<\/span> of the county or city where the property or some part thereof lies for an order<\/span> requiring the beneficiary to provide adequate protection against any such claim. If deemed appropriate by the court<\/span>, the court<\/span> may condition the sale on a finding<\/span> that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. If the trustee proceeds to sale, the fact<\/span> that the instrument is lost or cannot be produced shall not affect the authority of the trustee to sell or the validity of the sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When the written notice of proposed sale is given as provided in this section, there is a rebuttable presumption<\/span> that the lienholder has complied with any requirement to provide notice of default<\/span> contained in a deed of trust. Failure to comply with the requirements of notice contained in this section shall not affect the validity of the sale, and a purchaser for value at such sale shall be under no duty to ascertain whether such notice was validly given. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event of postponement of sale, which may be done in the discretion of the trustee, no new or additional notice is required to be given pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the website address of the U.S. Housing and Urban Development’s (HUD) Office of Housing Counseling with a listing of HUD-certified housing counseling agencies, the website address and telephone number of the statewide legal aid center, and the following language, or language that is substantially similar, in at least 12-point type: “This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the case of a deed of trust conveying owner-occupied residential real estate, the notice to the owner in subsections A and B shall include the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears<\/span>; and the remaining total principal balance due on the instrument. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICES REQUIRED BEFORE SALE BY TRUSTEE TO OWNERS, LIENORS, ETC.; IF NOTE LOST\n(\u00a7 55.1-321)\n\nA. In addition to the advertisement required by § 55.1-322, the trustee or\nthe party secured shall give written notice of the time, date, and place of any\nproposed sale in execution of a deed of trust, and such notice shall include\neither (i) the instrument number or deed book and page numbers of the instrument\nof appointment filed pursuant to § 55.1-320, or (ii) a copy of the executed\nand notarized appointment of substitute trustee by personal delivery or by mail\nto (a) the present owner of the property to be sold at his last known address as\nsuch owner and address appear in the records of the party secured; (b) any\nsubordinate lienholder who holds a note against the property secured by a deed\nof trust recorded at least 75 days, in the case of a deed of trust conveying\nowner-occupied residential real estate, or 30 days, in the case of all other\ndeeds of trust, prior to the proposed sale and whose address is recorded with\nthe deed of trust; (c) any assignee of such a note secured by a deed of trust,\nprovided that the assignment and address of assignee are likewise recorded at\nleast 75 days, in the case of a deed of trust conveying owner-occupied\nresidential real estate, or 30 days, in the case of all other deeds of trust,\nprior to the proposed sale; (d) any condominium unit owners’ association\nthat has filed a lien pursuant to § 55.1-1966; (e) any property\nowners’ association that has filed a lien pursuant to § 55.1-1833;\nand (f) any proprietary lessees’ association that has filed a lien\npursuant to § 55.1-2148. Written notice shall be given pursuant to clauses\n(d), (e), and (f) only if the lien is recorded at least 75 days, in the case of\na deed of trust conveying owner-occupied residential real estate, or 30 days, in\nthe case of all other deeds of trust, prior to the proposed sale. If the secured\nparty has received notification that the owner of the property to be sold is\ndeceased, the notice required by clause (a) shall be given to (1) the last known\naddress of such owner as such address appears in the records of the party\nsecured; (2) any personal representative of the deceased’s estate whose\nappointment is recorded among the records of the circuit court where the\nproperty is located, at the address of the personal representative that appears\nin such records; and (3) any heirs of the deceased who are listed on the list of\nheirs recorded among the records of the circuit court where the property is\nlocated, at the addresses of the heirs that appear in such records. Mailing of a\ncopy of the advertisement or a notice containing the same information to the\nowner by certified or registered mail no less than 60 days prior to such sale,\nin the case of a deed of trust conveying owner-occupied residential real estate,\nor 14 days prior to such sale, in the case of all other deeds of trust, and to\nlienholders, the property owners’ association or proprietary\nlessees’ association, their assigns, and the condominium unit\nowners’ association, at the address noted in the memorandum of lien, by\nordinary mail no less than 60 days prior to such sale, in the case of a deed of\ntrust conveying owner-occupied residential real estate, or 14 days prior to such\nsale, in the case of all other deeds of trust, shall be a sufficient compliance\nwith the requirement of notice. The written notice of proposed sale when given\nas provided in this subsection shall be deemed an effective exercise of any\nright of acceleration contained in such deed of trust or otherwise possessed by\nthe party secured relative to the indebtedness secured. The inadvertent failure\nto give notice as required by this subsection shall not impose liability on\neither the trustee or the secured party. The foreclosure sale cannot go forward\nunless the trustee has proof that the notice has been sent.\n\nA1. If the proposed sale is initiated due to a default in payment under a\nsecurity instrument that (i) was, at the time it was recorded, subordinate to\nanother security interest encumbering the same real property and (ii) has not\nsubsequently been elevated to a first priority lien by a recorded voluntary\nsubordination agreement, such subordinate mortgage lienholder shall submit to\nthe trustee an affidavit affirming whether monthly statements were sent to the\nproperty owner for each period that any interest, fees, or other charges were\nassessed. No such interest, fees, or other charges shall be assessed or charged\nfor any period during which periodic statements were not sent unless the\nsubordinate mortgage lienholder identifies a specific exemption pursuant to\napplicable law for which such subordinate mortgage lienholder was not required\nto send such specific statements for any period of time enumerated in the\naffidavit. Such affidavit shall also include an itemized list of the current\namount owed, including any periods in which interest, fees, and other charges\nwere waived because no monthly statements were sent during such period. The\nsubordinate mortgage lienholder shall provide a copy of such affidavit to the\nperson required to pay the instrument with written notice that a request for\nsale shall be made of the trustee upon the expiration of 60 days from the day of\nmailing such notice. Such notice shall be sent by certified mail, return receipt\nrequested, to the last known mailing address of such person required to pay the\ninstrument. Such notice shall advise the person required to pay the instrument\nthat if such person believes that such interest, fees, or other charges have\nbeen assessed in error, such person may, prior to the sale, petition the circuit\ncourt of the city or county where such property or some part thereof lies for an\naccounting and order declaring the proper balance secured by the subordinate\nmortgage. If the court determines that charges were assessed in error, such\nperson shall be entitled to recover attorney fees and costs against the\nsubordinate mortgage lienholder. The provisions of this subsection shall not\napply to subordinate lienholders who are either (a) the original creditor, (b) a\nmortgage servicer acting on behalf of the original creditor, (c) a national or\nstate chartered bank, or (d) a federal or state chartered credit union.\n\nA2. Any purchaser at a foreclosure sale shall provide certification that such\npurchaser shall pay off any priority security instruments no later than 90 days\nfrom the date that the trustee’s deed conveying the property pursuant to\nsuch sale is recorded in the land records. The person originally required to pay\nthe instrument shall have the right to petition the circuit court of the city or\ncounty where the property or some part thereof lies to recover from the\npurchaser any payments toward such priority lien amounts made by such person\nrequired to pay the instrument after the date of the foreclosure sale, plus any\nattorney fees and costs.\n\nB. If a note or other evidence of indebtedness secured by a deed of trust is\nlost or for any reason cannot be produced and the beneficiary submits to the\ntrustee an affidavit to that effect, the trustee may nonetheless proceed to\nsale, provided that the beneficiary has given written notice to the person\nrequired to pay the instrument that the instrument is unavailable and a request\nfor sale will be made of the trustee upon expiration of 60 days from the date of\nmailing of the notice, in the case of a deed of trust conveying owner-occupied\nresidential real estate, or 14 days from the date of mailing of the notice, in\nthe case of all other deeds of trust. The notice shall be sent by certified\nmail, return receipt requested, to the last known address of the person required\nto pay the instrument as reflected in the records of the beneficiary and shall\ninclude the name and mailing address of the trustee. The notice shall further\nadvise the person required to pay the instrument that if he believes he may be\nsubject to a claim by a person other than the beneficiary to enforce the\ninstrument, he may petition the circuit court of the county or city where the\nproperty or some part thereof lies for an order requiring the beneficiary to\nprovide adequate protection against any such claim. If deemed appropriate by the\ncourt, the court may condition the sale on a finding that the person required to\npay the instrument is adequately protected against loss that might occur by\nreason of a claim by another person to enforce the instrument. Adequate\nprotection may be provided by any reasonable means. If the trustee proceeds to\nsale, the fact that the instrument is lost or cannot be produced shall not\naffect the authority of the trustee to sell or the validity of the sale.\n\nC. When the written notice of proposed sale is given as provided in this\nsection, there is a rebuttable presumption that the lienholder has complied with\nany requirement to provide notice of default contained in a deed of trust.\nFailure to comply with the requirements of notice contained in this section\nshall not affect the validity of the sale, and a purchaser for value at such\nsale shall be under no duty to ascertain whether such notice was validly given.\n\nD. In the event of postponement of sale, which may be done in the discretion of\nthe trustee, no new or additional notice is required to be given pursuant to\nthis section.\n\nE. In the case of a deed of trust conveying owner-occupied residential real\nestate, the notice to the owner in subsections A and B shall include the website\naddress of the U.S. Housing and Urban Development’s (HUD) Office of\nHousing Counseling with a listing of HUD-certified housing counseling agencies,\nthe website address and telephone number of the statewide legal aid center, and\nthe following language, or language that is substantially similar, in at least\n12-point type: “This is NOT a notice to vacate the premises. You should\nconsider contacting an attorney or your local legal aid or housing counseling\nagency.”\n\nF. In the case of a deed of trust conveying owner-occupied residential real\nestate, the notice to the owner in subsections A and B shall include the date of\nthe last payment received and the amount received; the total amount of\nprincipal, interest, costs, and fees due in arrears; and the remaining total\nprincipal balance due on the instrument.\n\nHISTORY: 1979, c. 12, \u00a7 55-59.1; 1992, c. 739; 1993, c. 597; 1994, c. 143;\n2004, c. 1001; 2009, c. 307; 2018, cc. 34, 204; 2019, c. 712; 2021, Sp. Sess. I,\ncc. 91, 92; 2024, c. 803.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}