                                 CODE OF VIRGINIA

ADVERTISEMENT REQUIRED BEFORE SALE BY TRUSTEE (§ 55.1-322)

A. Advertisement of sale by a trustee or trustees in execution of a deed of
trust shall be in a newspaper having a general circulation in the county or city
in which the property to be sold, or any portion of such property, lies pursuant
to the following provisions:

   1. If the deed of trust itself provides for the number of publications of such
   newspaper advertisement, which may be done by using the words
   &#8220;advertisement required&#8221; or similar words followed by the number
   agreed upon, then no other or different advertisement shall be necessary,
   provided that, if such advertisement be inserted on a weekly basis, it shall
   be published not less than once a week for two weeks, and if such
   advertisement be inserted on a daily basis, it shall be published not less
   than once a day for three days, which may be consecutive days, and in either
   case shall be subject to the provisions of &#xA7; 55.1-330 in the same manner
   as if the method were set forth in the deed of trust. Should the deed of trust
   provide for advertising on other than a weekly or daily basis, either of the
   foregoing provisions shall be complied with in addition to those provided in
   such deed of trust. Notwithstanding the provisions of the deed of trust, the
   sale shall be held on any day following the day of the last advertisement that
   is no earlier than eight days following the first advertisement or more than
   30 days following the last advertisement.

   2. If the deed of trust does not provide for the number of publications of
   such newspaper advertisement, the trustee shall advertise once a week for four
   successive weeks, provided, however, that if the property or some portion of
   such property is located in a city or in a county immediately contiguous to a
   city, publication of the advertisement five different days, which may be
   consecutive days, shall be deemed adequate. The sale shall be held on any day
   following the day of the last advertisement that is no earlier than eight days
   following the first advertisement or more than 30 days following the last
   advertisement.

B. Such advertisement shall be placed in that section of the newspaper where
legal notices appear or where the type of property being sold is generally
advertised for sale.

C. In addition to the advertisement required by subsection A, the trustee shall
give such other further and different advertisement as the deed of trust may
require and in addition may give such additional advertisement as he may deem
appropriate.

D. In the event of postponement of sale, which postponement shall be at the
discretion of the trustee, advertisement of such postponed sale shall be in the
same manner as the original advertisement of sale.

E. Failure to comply with the requirements for advertisement contained in this
section shall, upon petition, render a sale of the property voidable by the
court.

HISTORY: 1979, c. 12, § 55-59.2; 1990, c. 749; 1992, c. 550; 2019, c. 712.