Virginia stays residential foreclosure proceedings

State Issues Covid-19 Virginia Mortgages Foreclosure

On November 9, 2020 the Virginia governor signed House Bill 5115, which places restrictions on foreclosures. The law provides tenants who are defendants in a unlawful detainer action for failure to pay rent with a 60-day continuance, and a 30-day stay of foreclosure proceedings for owners of one-to-four-family units or larger residential dwelling units, if those tenants or owners provide “written proof” (as defined in the bill) that they were affected by Covid-19. Stays must be requested within 90 days following the end of the declared emergency, and the bill itself is set to expire 90 days after the end of the declared emergency.