Virginia Eviction Synopsis
In Virginia, an unlawful detainer is the most common action used to obtain possession of real property after a foreclosure sale. Following a foreclosure sale, the purchaser must demand possession of the property and provide the occupant, by certified return receipt mail, with a notice to vacate. This notice to quit gives the occupant five (5) days to vacate before the filing of the unlawful detainer.

Filing the unlawful detainer in the district court initiates the actual legal proceeding to evict the occupant. The summons states that the plaintiff is the owner of the property and the defendant is the former borrower or an unknown occupant holding over after a foreclosure sale. Once the summons is filed, the defendant is served with process by the sheriff.

A hearing is scheduled for three (3) to four (4) weeks from the date of filing. At the hearing, if the defendant and or unknown occupant does not appear, then the plaintiff is entitled to judgment for possession (the order allowing eviction) by default. If the borrower or occupant appears and contests the matter, a trial is set, normally resulting in an order that the purchaser is entitled to Writ of Possession. At a contested hearing, the purchaser must present evidence that the foreclosure occurred and that the party seeking the eviction was the purchaser at the foreclosure sale, or a transferee of the purchaser. Once these facts are proven, the purchaser is usually granted a judgment declaring that it is entitled to possession of the property. The judgment becomes final in ten (10) days if the borrower or occupant does not file an appeal.

After the ten-day appeal period expires, the court issues a Writ of Possession. Once the order has been entered and a Writ of Possession is issued, the lender must schedule the eviction with the sheriff’s office. The writ is usually executed within two (2) to four (4) weeks of it being issued. The writ expires if the eviction is not completed within thirty (30) days of issuance. The lender’s labor crew, under the supervision of the sheriff, carries out the eviction. On the scheduled date, the personal property is "set out" on the curbside.
References :
http://www.msplaw.com/practice_areas_evictions_process_summary.asp

There may be a difference whether you are the former owner, or a rent paying tenant of the former owner. If you are the former owner you have already been living there for free for awhile.
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