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The Virginia lien law states that the memorandum should be recorded in the clerk's office in the county or city in which the building, structure or railroad, or any part thereof is located. If the property spans more than one county, your claim should be filed in both.
A property can be foreclosed in Virginia in as little as 60 days if it foreclosed through the non judicial foreclosure process and the borrower does not contest or stall the proceedings. Judicial foreclosures vary in length depending on the court schedule and rulings.
The Consumer Financial Protection Bureau (CFPB), which is a federal agency, has set forth rules that say there can't be a foreclosure on some mortgages until the borrower is at least 120 days behind in payments.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
Virginia law, however, doesn't provide a post-sale redemption period after a nonjudicial foreclosure.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
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