Foreclosure & Alternatives Law

How Can a Lender Foreclose on a Property in Virginia?

Most mortgages on Virginia properties contain a power of sale clause which authorizes an attorney to foreclose on the property if the borrower is in default on the loan. The attorney must ensure that proper public notice is provided and the proper foreclosure sale procedures are followed.
Sometimes, however, mortgages do not contain power of sale clauses. Then, the lender must sue the borrower in state court and obtain permission to foreclose on the property.