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Surplus funds in Virginia.

When a property in Virginia sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Both judicial and non-judicial.

Our fee here

We don't offer paid help in Virginia. You can claim surplus here yourself, free; see below.

Tax sale surplus

Tax sales are court proceedings. The former owner, or the owner's heirs, devisees, successors or assigns, is entitled to the surplus above the taxes, penalties, interest, attorney fees, costs and liens, and must prove entitlement. The claim must be made within two years after the court confirms the sale; after that the clerk pays the surplus to the locality, whose governing body may grant relief by ordinance (Va. Code § 58.1-3967).

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

The trustee under the deed of trust. The trustee must account for the sale to the circuit court's commissioner of accounts.

After paying sale costs, prior taxes, the secured debt and junior liens, the trustee pays the remainder to the grantor (the former owner) or the grantor's assigns. The trustee is not bound by an inheritance, conveyance or assignment unless it had actual notice before paying out (Va. Code 55.1-324(A)(3)). If the owner died before the sale, the surplus goes to the estate's personal representative and is used for estate debts before it reaches heirs (55.1-331). The trustee files an account of sale with the commissioner of accounts within six months (64.2-1309), which shows any surplus. No statutory claim deadline was found for surplus held by a trustee.

Fees and assignments. No Virginia statute specifically caps fees for recovering foreclosure surplus held by a trustee. For property reported or delivered to Virginia's unclaimed property administrator, it is a misdemeanor to charge or contract for a locating fee within 36 months after delivery. After that, an agreement over 10% is invalid, and the administrator may pay the owner directly and disregard powers of attorney and assignments (Va. Code 55.1-2542).

Claiming it yourself

We don't offer paid help in Virginia. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Virginia county office(133)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).