Foreclosure: Advertisements of Sale

     The Code of Virginia provides specific guidance as to advertisements for foreclosure sales.  The sale must be properly advertised or it will be void upon order of the court.

      Virginia Code §55-59.2 states that if the deed of trust provides for the number of publications of the advertisements, no other or different advertisement shall be necessary, provided that: if the advertisement is inserted on a weekly basis, it shall be published not less than once a week for two weeks, and, if such advertisement is inserted on a daily basis, it shall be published not less than once a day for three days, which may be consecutive days.  If the deed of trust provides for advertising on other than a weekly or daily basis, either of these statutory provisions must be complied with in addition to the provisions of the deed of trust.  If the deed of trust does not provide for the number of publications for the advertisement, the trustee shall advertise once a week for four consecutive weeks; however, if the property, or a portion of the property, lies in a city or county immediately contiguous to a city, publication of the advertisement may appear five different days, which may be consecutive.  In either case, the sale cannot be held on any day which is earlier than eight days following the first advertisement or more than thirty days following the last advertisement.

     Advertisements must be placed in the section of the newspaper where legal notices appear, or, where the type of property being sold is generally advertised for sale.  The trustee must comply with any additional advertisements required by the deed of trust.

     Virginia Code §55-59.3 requires advertisements to describe the property to be sold at foreclosure; however, the description does not have to be as extensive as in the deed of trust – substantial compliance is sufficient so long as the rights of the parties are not affected in any material way.  The statute does require the property to be described by street address, and, if none, the general location of the property with reference to streets, routes, or known landmarks.  A tax map number may be used, but is not required

     Virginia Code §55-59.2 requires the advertisement to state the time, place and terms of the sale.  If the deed of trust provides for the sale to be conducted at a specific place, the trustee must comply with this term.  If there is no mention in the deed of trust, §55-59(7) provides that the auction may take place at the premises, or, in front of the circuit court building, or, such other place in the city or county in which the property or the greater part of the property lies.  In addition, the sale could be held within the city limits of a city surrounded by, or contiguous to, such county.  If the land is annexed land, the sale could be held in the county of which the land was formerly a part.

     The statute provides that the advertisement shall give the name or names of the trustee or trustees.  In addition to naming the trustee, the advertisement must give the name, address and telephone number of the person who may be contacted with inquiries about the sale.  The contact person can be the trustee, the secured party, or his agent or attorney.