Vermont Real Estate Laws Every Seller Should Know
Vermont still allows a form of foreclosure in which a court can foreclose the right of redemption without any sale at all. The protection built into it turns on how much your house is worth against what is owed, and it is worth knowing about. Here is what generally applies, in plain language.
Before Any State Clock Starts: the Federal 120-Day Rule
Every state timeline on this page sits behind a federal one, and it is the single most
useful thing to know if you have missed payments. Under
Regulation
X, 12 CFR 1024.41(f)(1), a mortgage servicer generally
“shall not make the first notice or filing” required for a judicial or
non-judicial foreclosure unless the borrower's mortgage loan obligation is
more than 120 days delinquent.
That is roughly four months of missed payments before the state process is even allowed to
begin. It is why a state sequence that looks alarmingly short on paper is usually longer in
practice than the statute alone suggests.
The exceptions, because they are real. The rule does not apply where the
foreclosure is based on a violation of a due-on-sale clause, or where the servicer is joining the
action of a superior or subordinate lienholder. Small servicers are not exempt from this
particular prohibition. Loan types and servicing arrangements vary, and some loans are outside
Regulation X altogether.
So treat 120 days as the general floor rather than a guarantee, and work from the dates on your
own paperwork. If a notice has arrived and you do not believe you are past that point, that is a
question worth putting to a HUD-approved housing counselor or an attorney before you do anything
else.
Vermont Can Foreclose Without A Sale, And That Is Where Your Protection Is
Vermont can do something that surprises people, and it is the first thing to understand
here. Under 12 V.S.A. §4941 a court
“may, if no sale is requested by the plaintiff or ordered by the court
..., issue a judgment and decree of foreclosure without requiring a judicial sale of the
premises”. That is called strict foreclosure: no auction, no
bidding. If the redemption period runs out, title simply passes.
And then the sentence almost nobody reads, which is the best one on this page.
Section 4941(c):
“No decree foreclosing the right of redemption without sale shall be issued absent
a finding by the court that there is no substantial value in the property in excess of the mortgage
debt found by the court to be due to the plaintiff and any other lienholder, plus assessed
but unpaid property taxes due on the property. The court shall include in its order a summary
of the evidence upon which its finding is based.”
In plain language: if there is real equity in your house above what is owed, a Vermont
court is generally not supposed to hand it over without a sale – and it has to write
down the evidence it relied on to decide there was not. Any party can also ask for a judicial sale
under 4941(b), and the court can order one,
“whether or not the mortgage contains a power of sale”. If you believe you have
equity and a strict foreclosure is being sought, that is a conversation for a Vermont attorney
straight away.
The clock. Where a decree does issue without a sale, 4941(d) says
“the time of redemption shall be six months from the date of the decree unless a
shorter time is ordered, or the mortgagor and mortgagee plaintiff agree to a shorter
period.” Six months is the default, not a floor, and the court sets it
considering value above the debt, junior liens, unpaid taxes, the condition of the property
“and any other equities”. If the property is not redeemed, the clerk issues a
writ of possession on request. Where a residential tenant lives there, the writ is served on the
tenant and possession follows not sooner than 30 days after service, or longer if
federal law requires.
Official source: 12 V.S.A. §4941
If There Is A Sale, You Can Redeem Right Up To It
Where the case goes to a judicial sale instead, Vermont gives a homeowner a
second and separate right, and the statute says in terms that it is separate.
Up to the auction. Section 4949(a):
“The mortgagor is entitled to redeem the premises at any time prior to the public
sale by paying the full amount due under the judgment order”, together with
post-judgment costs and the expenses of sale as agreed or as the court orders.
And sometimes for less than the full amount. Section 4949(b) is unusual enough
to quote: “Upon agreement of the parties, the mortgagor may redeem the premises at
any time prior to the public sale by paying less than the full amount due under the judgment
order.” The parties amend the redemption figure with the court's approval, the
court issues a Supervening Certificate of Redemption, and once that is recorded the
foreclosed mortgage “shall be of no further force or effect” and junior
lienholders return to where they stood before the case began. Section 4949(c) confirms this right is
“in addition to the redemption right set forth in the decree”,
so do not treat the two as one.
Reinstatement, if your lender agrees. Section 4948 allows the mortgagor to
“reinstate or modify the loan after the expiration of the redemption period
... but before the public sale” – but only
“upon agreement of the mortgagor and mortgagee”. Where that happens the lender
executes a waiver of foreclosure, records it with court approval, and the
foreclosure is terminated with everyone restored to their prior positions. The statutory form is
worth knowing about for two reasons: it records that the mortgagee has received payment of the
arrearages rather than the whole balance, and it says in capitals that
the mortgage is not discharged. This is a door your lender has to agree to open, not
one you can insist on.
One honest gap. Vermont also has a nonjudicial sale route in the
same chapter. We have not read those sections and we are not going to describe a process we have not
read, so if your paperwork or your attorney mentions a nonjudicial sale, none of the timings on this
page are your answer.
Official source: 12 V.S.A. §4949 and §4948
The Transfer Tax, The Second-Home Rate, And Transfers Within A Family
Vermont's transfer tax is the buyer's line, and one rate in it will affect what a buyer
is willing to pay you. Under 32 V.S.A. §9602 the tax is generally
1.25 percent of the value transferred. Where the property is to be the
principal residence of the transferee, it drops to
0.5 percent on the first $200,000 and 1.25 percent above that, and there is no tax
at all on the first $250,000 where the purchaser's mortgage is funded in part through a Vermont
Housing and Conservation Trust Fund homeland grant, or one the Vermont Housing Finance Agency or USDA
Rural Development has committed to make or purchase.
And then the rate that changed the arithmetic on Vermont second homes. Section
9602(4) imposes 3.4 percent on transfers of residential property that is
“fit for habitation on a year-round basis”, that
“will not be used as the principal residence of the transferee”,
and for which no landlord certificate is required. It was added with effect from
1 August 2024. A second-home buyer therefore pays nearly seven times the opening
rate an owner-occupier pays. That is your buyer's cost rather than yours, but in a state where so
much property sells to people who will not live in it, it is worth knowing what is sitting on the
other side of the table.
On who pays it. We did not find a section saying in terms that the tax
shall be paid by one party or the other. What the statute does is compute the rate on
the transferee's use of the property, and §9607 has the town clerk deliver the
acknowledgment of the return and payment to the transferee. So in ordinary practice
this is the buyer's line rather than the seller's – but it is
negotiable like everything else at closing, your purchase contract can allocate it
differently, and your closing agent should confirm it.
Transfers within a family. Section 9603 exempts a number of transfers outright,
including transfers between two spouses, between parent and child
or a child's spouse, and between grandparent and grandchild or a grandchild's
spouse, without actual consideration. It also covers transfers in trust or by
decree of court to the extent of the benefit to those people, a
“mere change of identity or form of ownership” with no change in beneficial
ownership, and transfers of partition. If you are moving a property around a family rather than selling it, that
section is the one to take to your attorney.
Two things we did not read, and one to ask about. We found no section dealing
with a surplus if a sale brings in more than is owed, and none dealing with a
shortfall afterwards, so we make no claim either way about those. Separately,
Vermont has a land gains tax that can apply to gains on land held a short time. We
have not read it and we are not going to state a rate, but it is worth asking your closing agent
about by name before you sign anything, particularly if you bought recently.
Official source: 32 V.S.A. §9602 and §9603
General information, not advice. This section describes Vermont practice in general terms and was checked in September 2026 against the Vermont Statutes as published by the Vermont General Assembly on its own website, which notes that its online version is an unofficial copy provided as a convenience. Laws, timelines and local procedures change, and how any of it applies to your property depends on facts we have not seen. It is not legal, tax or financial advice, and it is no substitute for talking to a Vermont attorney, accountant or HUD-approved housing counselor about your own situation.