12 V.S.A. § ___ § 4946
Procedure
Operative Text
(a) Order for judicial sale. Upon entry of a decree of judicial sale foreclosure, the court shall order that the mortgaged property be sold at a public sale if it is not redeemed within the time period allowed by the court. The public sale shall be conducted on or before six months from the expiration of the last redemption date set forth in the decree unless extended by the court or stayed by a bankruptcy filing. The time and manner of the sale shall be specified in the notice of sale required by section 4952 of this title. (b) Time for redemption; owner-occupied dwelling house or farmland. If a decree is made foreclosing the right of redemption by judicial sale with respect to farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the time of redemption shall be established by the court and shall be six months from the date of the decree, unless a shorter time is ordered by the court. The court shall fix the period of redemption taking into consideration whether there is value in the mortgaged property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the mortgaged property, and any other equities. No sale of a dwelling house when occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment may take place within seven months of service of the foreclosure complaint, unless the court orders a shortened redemption period pursuant to this section or the plaintiff and the mortgagor mutually agree to a shorter period after commencement of the action to foreclose the mortgage. (c) Time for redemption; other property. If a decree is made foreclosing the right of redemption by judicial sale with respect to any property other than farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the redemption period shall be eliminated or reduced by the court to no more than 30 days. (d) Writ of possession. Upon expiration of the period of redemption in the decree, other than farmland or a dwelling house when currently occupied by the owner as his or her principal residence, if the mortgagor or the mortgagor’s successors, heirs, or assigns have not redeemed the mortgage, any remaining rights of the mortgagor to possession shall terminate, and the clerk of the court shall issue a writ of possession at the plaintiff’s request and upon court approval. In the case of farmland or a dwelling house currently occupied by the owner as his or her principal residence when the period of redemption in the decree expires, the clerk shall issue a writ of possession at the plaintiff’s request and upon approval of the court. Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings. Where the mortgaged property is occupied by a residential tenant, the writ shall be served on the tenant, and the plaintiff shall be placed in possession of the mortgaged property without further proceedings no sooner than 30 days after the writ is served, or upon such other time as is required by federal law, whichever is longer. (Added 2011, No. 102 (Adj. Sess.), § 1.)
Vermont law under 12 V.S.A. ch. 172 § 4946 establishes the procedural framework for judicial sale foreclosures, including timelines for redemption and possession. Owner-occupied homes and farmland generally receive a six-month redemption period from the date of the decree, while other property types may have their redemption period cut to 30 days or eliminated entirely. Once the redemption period expires without the mortgage being redeemed, the court may issue a writ of possession to transfer control of the property, with residential tenants entitled to at least 30 days' notice after the writ is served before the plaintiff takes possession.
Plain English — not legal advice.
Property owners and mortgage holders operating under 12 V.S.A. ch. 172 § 4946 should be aware that the public sale must generally be completed within six months of the last redemption date set in the decree. Compliant lenders and their counsel typically ensure that notices of sale meet the requirements of section 4952, track applicable redemption periods based on property type, and obtain court approval before requesting a writ of possession. When the foreclosed property is occupied by a residential tenant, operators generally allow at least 30 days after service of the writ—or longer if federal law requires—before taking possession.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residential tenants living in a property subject to foreclosure under 12 V.S.A. ch. 172 § 4946 have a statutory right to receive service of the writ of possession and cannot be displaced sooner than 30 days after that service, or later if federal law provides additional protections. Tenants in this situation may wish to review applicable federal protections, such as those under the Protecting Tenants at Foreclosure Act, which can extend notice requirements beyond the state minimum. Tenant-rights organizations and legal aid services can help individuals understand how the redemption timeline and writ-of-possession process under § 4946 may affect their specific housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation