Va. Code » Title 55.1. Property and Conveyances » Subtitle I. Property Conveyances » Chapter 3. Form and Effect of Deeds and Covenants; Liens » Article 2. Form and Effect of Deeds of Trust; Sales Thereunder; Ass
Virginia Code

Va. Code Ann. § 55.1-322 (2026)

Advertisement required before sale by trustee

✓ current as of May 2026
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A. Advertisement of sale by a trustee or trustees in execution of a deed of trust shall be in a newspaper having a general circulation in the county or city in which the property to be sold, or any portion of such property, lies pursuant to the following provisions:

1. If the deed of trust itself provides for the number of publications of such newspaper advertisement, which may be done by using the words "advertisement required" or similar words followed by the number agreed upon, then no other or different advertisement shall be necessary, provided that, if such advertisement be inserted on a weekly basis, it shall be published not less than once a week for two weeks, and if such advertisement be inserted on a daily basis, it shall be published not less than once a day for three days, which may be consecutive days, and in either case shall be subject to the provisions of § 55.1-330 in the same manner as if the method were set forth in the deed of trust. Should the deed of trust provide for advertising on other than a weekly or daily basis, either of the foregoing provisions shall be complied with in addition to those provided in such deed of trust. Notwithstanding the provisions of the deed of trust, the sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement.

2. If the deed of trust does not provide for the number of publications of such newspaper advertisement, the trustee shall advertise once a week for four successive weeks, provided, however, that if the property or some portion of such property is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement.

B. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale.

C. In addition to the advertisement required by subsection A, the trustee shall give such other further and different advertisement as the deed of trust may require and in addition may give such additional advertisement as he may deem appropriate.

D. In the event of postponement of sale, which postponement shall be at the discretion of the trustee, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale.

E. Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the property voidable by the court.

1979, c. 12, § 55-59.2; 1990, c. 749; 1992, c. 550; 2019, c. 712.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2023–2024 · leading case: Ernest L. Parrish v. Quinton B. Callahan (Va. Ct. App. 2023).
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Ernest L. Parrish v. Quinton B. Callahan (Va. Ct. App. 2023). · cites it 10× “In addition to notice by newspaper advertisement, addressed in Code § 55.1-322, a trustee must give, “by personal 4 Parrish separately assigned error to the court’s sustaining the demurrer because (1) he never received a “60 day notice for foreclosure” as required by Code § 55.”
Suzanne E. Egolf v. First Citizens Bank & Trust Co. (Va. Ct. App. 2024). · cites it 8× “Judge Causey’s dissent presumes that pleading any technical violation of the advertising requirements set out in Code § 55.1-322 requires a trial on whether rescission is an appropriate remedy for the same—even where the plaintiff has failed to plead facts to show that the…”
Entrepreneur Dream Team v. Anchor Assets, LLC (Va. Ct. App. 2023). · cites it 2× “2 (effective July 1, 2018 to September 30, 2019, and now codified as the substantively similar Code § 55.1-322). But the lack of any statutory recordation requirement is not dispositive here; parties are free to include and enforce non-statutory obligations in their contracts.”
Carner v. Clements (W.D. Va. 2023). “Code § 55.1-322(A). Whether a newspaper is of “general circulation” depends on the substance of its content and not the size of its audience.”
— Va. Code Ann. § 55.1-322(A) — 1 case
Carner v. Clements (W.D. Va. 2023). “Code § 55.1-322(A). Whether a newspaper is of “general circulation” depends on the substance of its content and not the size of its audience.”
— Va. Code Ann. § 55.1-322(E) — 1 case
Ernest L. Parrish v. Quinton B. Callahan (Va. Ct. App. 2023). “In addition to notice by newspaper advertisement, addressed in Code § 55.1-322, a trustee must give, “by personal 4 Parrish separately assigned error to the court’s sustaining the demurrer because (1) he never received a “60 day notice for foreclosure” as required by Code § 55.”
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