What Happens to Surplus Proceeds After a Virginia Tax Sale?

When a Virginia locality sells a house for unpaid taxes, the sale price often comes in above what's owed. That extra money is called surplus. It doesn't automatically go to the locality, but it doesn't automatically land in the former owner's bank account either. This guide explains how surplus works, how to claim it, and why many owners still end up with far less than their home was worth. If a sale hasn't happened yet, our tax auction help page explains how to keep more of your equity.

How Are Tax Sale Proceeds Paid Out in Virginia?

Under Va. Code §58.1-3967, money from a court-ordered tax sale is generally paid in this order:

1. The costs of the sale, including special commissioner and advertising costs.
2. Delinquent taxes, penalties and interest owed to the locality, plus the attorney fees and costs allowed by law.
3. Other liens, such as a mortgage or judgment, in order of priority.
4. Whatever is left, the surplus, to the former owner or other people entitled to it.

Mortgages and other liens don't disappear at a tax sale. Lienholders are paid from the proceeds before the owner sees anything.

Who Can Claim Tax Sale Surplus?

The former owner or owners, or their heirs if the owner has died, can generally claim the surplus. Lienholders who weren't paid in full may have claims too. If several heirs share the property, each may need to prove their share. That's common with inherited Hampton Roads homes that never went through probate. See back taxes on an inherited house in Virginia.

How Do You Claim Surplus Funds?

Step 1: Confirm the sale and amount

Contact the circuit court clerk in the city where the property was sold, or the special commissioner who handled the sale. Ask whether there's a surplus and how much.

Step 2: File a claim with the court

Surplus is typically held by the court or the commissioner until someone files a petition or claim. You'll generally need to prove you're entitled to it, with a deed, a will, an heirship affidavit or other records.

Step 3: Watch the deadline

Under §58.1-3967, a claim generally has to be made within two years of the court's order confirming the sale. If no one claims it in time, the money can go to the locality. A Virginia attorney can help if several heirs are involved or other claims are competing.

Watch Out for Surplus Recovery Companies

After a tax sale, former owners often hear from companies offering to recover the surplus for a percentage, sometimes 30% or more. You can usually file the claim yourself or with a local attorney for a lot less. Read any agreement carefully before signing.

Why Surplus Usually Isn't the Same as Equity

Even when there's a surplus, owners typically lose money compared with selling on their own:

• Auction prices are often low. Bidders usually buy as-is, often without an inspection.
• Fees come off the top. Attorney fees, commissioner costs and court costs come out of the proceeds.
• There's no going back. Once the court confirms the sale, Virginia generally doesn't allow the owner to redeem. See is Virginia a right of redemption state?
• Time and stress. You may wait months and go to court to get your own money.

Selling Before the Tax Sale Instead

If the sale hasn't happened yet, you can usually sell the house yourself, pay the delinquent taxes, penalties and fees at closing, and keep the rest. The Virginia tax delinquency timeline shows how much time you may have, and how to avoid a property tax auction in Hampton Roads walks through how a cash sale works.