{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-200.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-200.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-200.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-200.1.html"}],"law_id":63532,"edition_id":1,"section_id":63532,"structure_id":13706,"section_number":"59.1-200.1","catch_line":"Prohibited practices; foreclosure rescue","history":"2008, c. 485; 2009, cc. 203, 272.","full_text":"A\n\nIn addition to the provisions of \u00a7 59.1-200, the following fraudulent acts or practices committed by a supplier, as defined in \u00a7 59.1-198, in a consumer transaction involving residential real property owned and occupied as the primary dwelling unit of the owner, are prohibited:1\n\nThe supplier of service to avoid or prevent foreclosure charges or receives a fee (i) prior to the full and complete performance of the services it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property, or (ii) prior to the settlement on the sale or transfer of residential real property, if the transaction involves the sale or transfer of such residential real property;2\n\nThe supplier of such services (i) fails to make payments under the mortgage or deed of trust that is a lien on such residential real property as the payments become due, where the supplier has agreed to do so, regardless of whether the purchaser is obligated on the loan, and (ii) applies rents received from such dwellings for his own use;3\n\nThe supplier of such services represents to the seller of such residential real property that the seller has an option to repurchase such residential real property, after the supplier of such services takes legal or equitable title to such residential real property, unless there is a written contract providing such option to repurchase on terms and at a price stated in such contract; or4\n\nThe supplier advertises or offers such services as are prohibited by this section.B\n\nThis section shall not apply to any mortgage lender or servicer regularly engaged in making or servicing mortgage loans that is subject to the supervisory authority of the State Corporation Commission, a comparable regulatory authority of another state, or a federal banking agency.C\n\nIn connection with any consumer transaction covered by subsection A, any provision in an agreement between the supplier of such services and the owner of such residential real property that requires the owner to submit to mandatory arbitration shall be null and void, and notwithstanding any such provisions, the owner of such residential real property shall have the rights and remedies under this chapter.","order_by":null,"text":{"0":{"id":231457,"text":"In addition to the provisions of \u00a7 59.1-200, the following fraudulent acts or practices committed by a supplier, as defined in \u00a7 59.1-198, in a consumer transaction involving residential real property owned and occupied as the primary dwelling unit of the owner, are prohibited:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":231458,"text":"The supplier of service to avoid or prevent foreclosure charges or receives a fee (i) prior to the full and complete performance of the services it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property, or (ii) prior to the settlement on the sale or transfer of residential real property, if the transaction involves the sale or transfer of such residential real property;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":231459,"text":"The supplier of such services (i) fails to make payments under the mortgage or deed of trust that is a lien on such residential real property as the payments become due, where the supplier has agreed to do so, regardless of whether the purchaser is obligated on the loan, and (ii) applies rents received from such dwellings for his own use;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":231460,"text":"The supplier of such services represents to the seller of such residential real property that the seller has an option to repurchase such residential real property, after the supplier of such services takes legal or equitable title to such residential real property, unless there is a written contract providing such option to repurchase on terms and at a price stated in such contract; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":231461,"text":"The supplier advertises or offers such services as are prohibited by this section.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":231462,"text":"This section shall not apply to any mortgage lender or servicer regularly engaged in making or servicing mortgage loans that is subject to the supervisory authority of the State Corporation Commission, a comparable regulatory authority of another state, or a federal banking agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":231463,"text":"In connection with any consumer transaction covered by subsection A, any provision in an agreement between the supplier of such services and the owner of such residential real property that requires the owner to submit to mandatory arbitration shall be null and void, and notwithstanding any such provisions, the owner of such residential real property shall have the rights and remedies under this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13706,"edition_id":1,"name":"Virginia Consumer Protection Act","identifier":"17","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:45:36","date_modified":"2026-06-26 03:45:36","permalink":{"id":259775,"object_type":"structure","relational_id":13706,"identifier":"17","token":"59.1\/17","url":"\/59.1\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56198,"structure_id":13706,"section_number":"59.1-196","catch_line":"Title","url":"\/59.1-196\/","token":"59.1\/17\/59.1-196","metadata":false},{"id":73728,"structure_id":13706,"section_number":"59.1-197","catch_line":"Intent","url":"\/59.1-197\/","token":"59.1\/17\/59.1-197","metadata":false},{"id":70121,"structure_id":13706,"section_number":"59.1-198","catch_line":"Definitions","url":"\/59.1-198\/","token":"59.1\/17\/59.1-198","metadata":false},{"id":69020,"structure_id":13706,"section_number":"59.1-199","catch_line":"Exclusions","url":"\/59.1-199\/","token":"59.1\/17\/59.1-199","metadata":false},{"id":82977,"structure_id":13706,"section_number":"59.1-200","catch_line":"Prohibited practices","url":"\/59.1-200\/","token":"59.1\/17\/59.1-200","metadata":false},{"id":63532,"structure_id":13706,"section_number":"59.1-200.1","catch_line":"Prohibited practices; foreclosure rescue","url":"\/59.1-200.1\/","token":"59.1\/17\/59.1-200.1","metadata":false},{"id":72568,"structure_id":13706,"section_number":"59.1-201","catch_line":"Civil investigative orders","url":"\/59.1-201\/","token":"59.1\/17\/59.1-201","metadata":false},{"id":80041,"structure_id":13706,"section_number":"59.1-201.1","catch_line":"Attorney General empowered to issue civil investigative demands","url":"\/59.1-201.1\/","token":"59.1\/17\/59.1-201.1","metadata":false},{"id":54689,"structure_id":13706,"section_number":"59.1-202","catch_line":"Assurances of voluntary compliance","url":"\/59.1-202\/","token":"59.1\/17\/59.1-202","metadata":false},{"id":58087,"structure_id":13706,"section_number":"59.1-203","catch_line":"Restraining prohibited acts","url":"\/59.1-203\/","token":"59.1\/17\/59.1-203","metadata":false},{"id":78713,"structure_id":13706,"section_number":"59.1-204","catch_line":"Individual action for damages or penalty","url":"\/59.1-204\/","token":"59.1\/17\/59.1-204","metadata":false},{"id":64214,"structure_id":13706,"section_number":"59.1-204.1","catch_line":"Tolling of limitation","url":"\/59.1-204.1\/","token":"59.1\/17\/59.1-204.1","metadata":false},{"id":64777,"structure_id":13706,"section_number":"59.1-205","catch_line":"Additional relief","url":"\/59.1-205\/","token":"59.1\/17\/59.1-205","metadata":false},{"id":83374,"structure_id":13706,"section_number":"59.1-206","catch_line":"Civil penalties; attorney fees","url":"\/59.1-206\/","token":"59.1\/17\/59.1-206","metadata":false},{"id":85255,"structure_id":13706,"section_number":"59.1-207","catch_line":"Unintentional violations","url":"\/59.1-207\/","token":"59.1\/17\/59.1-207","metadata":false}],"previous_section":{"id":82977,"structure_id":13706,"section_number":"59.1-200","catch_line":"Prohibited practices","url":"\/59.1-200\/","token":"59.1\/17\/59.1-200","metadata":false},"next_section":{"id":72568,"structure_id":13706,"section_number":"59.1-201","catch_line":"Civil investigative orders","url":"\/59.1-201\/","token":"59.1\/17\/59.1-201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-200.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 485<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2009, chapters 203<\/a> and 272<\/a>.<\/p>","references":[{"id":72568,"section_number":"59.1-201","catch_line":"Civil investigative orders","order_by":null,"url":"\/59.1-201\/"},{"id":58087,"section_number":"59.1-203","catch_line":"Restraining prohibited acts","order_by":null,"url":"\/59.1-203\/"},{"id":64777,"section_number":"59.1-205","catch_line":"Additional relief","order_by":null,"url":"\/59.1-205\/"},{"id":83374,"section_number":"59.1-206","catch_line":"Civil penalties; attorney fees","order_by":null,"url":"\/59.1-206\/"},{"id":85255,"section_number":"59.1-207","catch_line":"Unintentional violations","order_by":null,"url":"\/59.1-207\/"}],"refers_to":[{"id":70121,"section_number":"59.1-198","catch_line":"Definitions","order_by":null,"url":"\/59.1-198\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"permalink":{"id":259797,"object_type":"law","relational_id":63532,"identifier":"59.1-200.1","token":"59.1\/17\/59.1-200.1","url":"\/59.1-200.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-200.1\/","token":"59.1\/17\/59.1-200.1","dublin_core":{"Title":"Prohibited practices; foreclosure rescue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-200.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the provisions of \u00a7 59.1-200<\/a>, the following fraudulent acts or practices committed by a supplier<\/span>, as defined in \u00a7 59.1-198<\/a>, in a consumer transaction involving residential real property owned and occupied as the primary dwelling unit of the owner, are prohibited: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The supplier<\/span> of service to avoid or prevent foreclosure charges or receives a fee (i) prior to the full and complete performance of the services<\/span> it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property, or (ii) prior to the settlement<\/span> on the sale or transfer of residential real property, if the transaction involves the sale or transfer of such residential real property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The supplier<\/span> of such services<\/span> (i) fails to make payments under the mortgage or deed of trust that is a lien<\/span> on such residential real property as the payments become due, where the supplier<\/span> has agreed to do so, regardless of whether the purchaser is obligated on the loan, and (ii) applies rents received from such dwellings for his own use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The supplier<\/span> of such services<\/span> represents to the seller of such residential real property that the seller has an option to repurchase such residential real property, after the supplier<\/span> of such services<\/span> takes legal or equitable<\/span> title to such residential real property, unless there is a written contract<\/span> providing such option to repurchase on terms and at a price stated in such contract<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The supplier<\/span> advertises or offers such services<\/span> as are prohibited by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section shall not apply to any mortgage lender or servicer regularly engaged in making or servicing mortgage loans that is subject to the supervisory authority of the State Corporation Commission, a comparable regulatory authority of another state, or a federal banking agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In connection with any consumer transaction covered by subsection A, any provision in an agreement between the supplier<\/span> of such services<\/span> and the owner of such residential real property that requires the owner to submit to mandatory arbitration shall be null and void, and notwithstanding any such provisions, the owner of such residential real property shall have the rights and remedies under this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED PRACTICES; FORECLOSURE RESCUE (\u00a7 59.1-200.1)\n\nA. In addition to the provisions of \u00a7 59.1-200, the following fraudulent acts\nor practices committed by a supplier, as defined in \u00a7 59.1-198, in a consumer\ntransaction involving residential real property owned and occupied as the\nprimary dwelling unit of the owner, are prohibited:\n\n 1. The supplier of service to avoid or prevent foreclosure charges or receives\n a fee (i) prior to the full and complete performance of the services it has\n agreed to perform, if the transaction does not involve the sale or transfer of\n residential real property, or (ii) prior to the settlement on the sale or\n transfer of residential real property, if the transaction involves the sale or\n transfer of such residential real property;\n\n 2. The supplier of such services (i) fails to make payments under the mortgage\n or deed of trust that is a lien on such residential real property as the\n payments become due, where the supplier has agreed to do so, regardless of\n whether the purchaser is obligated on the loan, and (ii) applies rents\n received from such dwellings for his own use;\n\n 3. The supplier of such services represents to the seller of such residential\n real property that the seller has an option to repurchase such residential\n real property, after the supplier of such services takes legal or equitable\n title to such residential real property, unless there is a written contract\n providing such option to repurchase on terms and at a price stated in such\n contract; or\n\n 4. The supplier advertises or offers such services as are prohibited by this\n section.\n\nB. This section shall not apply to any mortgage lender or servicer regularly\nengaged in making or servicing mortgage loans that is subject to the supervisory\nauthority of the State Corporation Commission, a comparable regulatory authority\nof another state, or a federal banking agency.\n\nC. In connection with any consumer transaction covered by subsection A, any\nprovision in an agreement between the supplier of such services and the owner of\nsuch residential real property that requires the owner to submit to mandatory\narbitration shall be null and void, and notwithstanding any such provisions, the\nowner of such residential real property shall have the rights and remedies under\nthis chapter.\n\nHISTORY: 2008, c. 485; 2009, cc. 203, 272.","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}}