Presuming it was not a home equity loan, which can only be judicially foreclosed, they have to give at least 20 days to cure the arrearage, but look in the Deed of Trust, it may specify 30. If it does, then you have something. The contract beats the statute as long as it gives at least 20 days. After the time to cure expires they have to send an acceleration letter saying the default was not cured and the property will be sold. They have to send that notice at least 21 days before the sale date.I’d have to get the cite from the office, but this is overshadowing. If the least sophisticated consumer would believe that he only had 20 days, instead of the 30 required by law, he may have a claim. We sued a foreclosing attorney in VA for that and ended up settling. A debt dispute gave me grounds to go for a preliminary injunction to stop the sale. The foreclosing attorney ended up stopping the sale before court.
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