In Virginia, you will probably NOT be taken to court! The lender/servicer can sell the house if you do not make your payments. They are acting per your agreement when you made the loan to buy or refinance the house.

• First month missed payment - your lender/servicer will contact you by letter or phone. A housing counselor can help.

• Second month missed payment - your lender/servicer is likely to begin calling you to discuss why you have not made your payments. It is important that you take their phone calls. Talk to your lender/servicer and explain your situation and what you are trying to do to resolve it. A housing counselor can help.
  

• You are in default and the lender may call your note at any time - your lender/servicer will send you a letter giving you a set amount of time to pay your loan. You will incur all attorney fees as part of your delinquency. You may be given as little as 14 days before the property will be sold.

• This is the actual day of foreclosure. You will be notified of the date by mail and the sale will be advertised in a local paper. You have until the date of sale to make arrangements or to pay the total amount owed, including attorney fees.