Mortgage Laws
In Virginia the transactions on mortgage lending practices are governed by
State Statutory. mortgage violations related VIRGINIA
STATUTES (6.1-2.9:5, 55-66.3, 6.1-330.70 - 72)
- The Bureau of Financial Institutions is a regulatory division of the Virginia
State Corporation Commission (SCC.) and is involved in consumer protection
through administration of state laws regarding mortgage brokers and lenders
and others.
- For a mortgage broker's license, a surety bond in the amount of $25,000
must be filed. If the application is for a mortgage lender's license or both
mortgage broker's license and mortgage lender's license, then the surety bond
in the amount of $50,000 is required.
- Foreign corporations, limited liability companies, and limited partnerships
must register with the Clerk of the State Corporation Commission before filing
the application for mortgage broker license.
- The judicial process of foreclosure, which involves filing a lawsuit to
obtain a court order to foreclose, is used when no power of sale is present
in the mortgage or deed of trust.
- Generally, after the court declares a foreclosure, the property will be
auctioned off to the highest bidder.
- The borrower has two hundred forty (240) days from the date of the sale
to redeem the property by paying the amount for which the property was sold,
plus six (6) percent interest.
- The foreclosure sale ad must include anything required by the deed of trust
and may include a legal description of the property. The notice must include
the time, place and terms of sale. It must give the name of the trustee and
the address and phone number of a person who will be able to respond to inquiries
about the foreclosure sale.
- Lenders may obtain deficiency judgments, without limits, in Virginia.
- A Chapter 13 bankruptcy is the only choice if you are behind on your mortgage
or business payments and you want to keep your property, either in Virginia
or another state, at the end of the bankruptcy process.