How to Recover Surplus Funds from Tax Foreclosure Sales in Virginia
If your property was sold at a tax foreclosure auction in Virginia for more than what you owed, the extra money -- called surplus funds -- may belong to you. And Virginia gives you real options to get it back.
Your Right to Surplus Funds
Under Virginia Code Section 58.1-3967, former property owners, their heirs, and assigns are entitled to surplus from tax foreclosure sales -- the amount left over after taxes, penalties, interest, attorney fees, costs, and liens are paid.
The Two-Year Window
You have two years from the date the sale is confirmed by the court to claim your surplus. During this period, the funds are held by the clerk of the court. This is your best window to act.
What If You Missed the Deadline?
Do not give up. Virginia has an unusual provision: even after two years, when surplus has been transferred to the county or city, the governing body may, in its discretion, grant relief to the former owner upon a showing of prior entitlement. This means you can petition the local government to pay you the surplus, even after the standard deadline.
How to Claim Your Money
- Contact the Local Treasurer in the city or county where your property was sold.
- Gather documents: ID, proof of prior ownership (deed, tax records), and the case number if you have it.
- File a written claim establishing your identity and entitlement.
- If past two years: Write to the governing body of the county or city requesting discretionary relief.
- Search unclaimed property: Under Section 55-210.9, surplus held by a government agency for more than one year is presumed abandoned and may have been transferred to the state.
Important Notes
- Virginia requires residency to inspect public records, which may affect research but does not prevent you from filing claims.
- For mortgage foreclosure surplus, contact the Sheriff or Clerk.
- Surplus between a county and town from the same sale is divided pro rata.
Tyler v. Hennepin County: A Landmark for Property Owners
In 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County that governments cannot keep surplus proceeds from tax sales beyond what is owed, finding this violates the Takings Clause of the Fifth Amendment. This landmark decision has strengthened property owners' rights to surplus funds nationwide and prompted many states to reform their tax foreclosure laws. As of 2026, laws in this area are evolving rapidly, so always verify current statutes in your state.
Get Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds at absolutely no cost. We will research your case, help you file your claim, and even assist with discretionary relief petitions if you are past the two-year window.
Do not let your surplus funds go unclaimed. Contact AuctionBlock.org today for a free consultation.
AuctionBlock.org is a mission-driven company providing surplus fund recovery assistance. This guide is for educational purposes only and does not constitute legal advice. Laws change frequently — always verify current statutes with a licensed attorney in your state. Last updated: April 2026.