You need a civil litigation attorney, preferrably with some experience in foreclosure matters. As to how these types of things could occur, a lender is able to do whatever they're allowed to do. If the foreclosure was unopposed then they would have been able to proceed as they wished on the deed of trust, even if it wasn't properly referenced. it is possible to reverse things and rescind the sale but the sooner you act the better.
Evan A. Nielsen
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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
I would recommend contacting a local attorney who specializes in foreclosure litigation for a consultation. It would be necessary to have an attorney fully discuss the facts with you and examine the referenced documents to evaluate your potential case. Since Virginia is a non-judicial foreclosure state, meaning foreclosure sales are authorized to take place outside of the court system, there is more opportunity for things to go wrong. It is often very difficult to rescind a foreclosure sale in Virginia; even with the most egregious actions taken by the lender. Challenging foreclosure sales often boil down to the judge to come down to the question of "were you current on the first mortgage when this action was taken?" If not, that may be enough for the judge to determine that your claim may not be relevant since a foreclosure would have taken place anyway, even if gross misconduct took place. Speak to a local attorney with experience in this area for an evaluation of your case.
The author’s comments are not to be construed as rendering a legal opinion nor proffering legal advice. To obtain legal advice or a legal opinion, you should retain an attorney to consult with you on your particular matter.