Legal Question in Real Estate Law in Virginia

I signed a promissory note for a loan. The note included the names of trustee, the collateral, and referenced a deed of trust. The note did not acknowledge the power to foreclosure on my property if I defaulted. And the deed of trust referenced never existed. I do have a deed in which the land was conveyed to me, but it does not take the form of a deed of trust and does not reference the note or a power to sale. Can the lender foreclose upon my house at all? If so, wouldn't he have to petition the court rather than through a non-judicial sale?


Asked on 7/20/11, 1:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, sounds as if the lender would have to pursue foreclosure through

the circuit court under the facts described.

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Answered on 7/20/11, 8:41 pm


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