Surplus Funds Recovery — VA Real Estate Law Firm PLLC

What are surplus funds?

The sale is over. The money may not be.

When a property sells for more than the outstanding debt, Virginia law protects the former owner's right to the difference. But the process isn't automatic — and the clock is running.

Virginia's 2-year deadline. Under Va. Code § 58.1-3967, unclaimed tax sale surplus funds revert to the locality after two years. Missing this window can mean losing your right to recover anything at all.

Foreclosure surplus

Mortgage foreclosure overage

Property sold for more than your mortgage balance + costs. The difference may be yours.

Tax sale surplus

Excess proceeds recovery

Property sold at a county tax sale for more than taxes owed. Strict filing deadlines apply.

Who we help

Former owners, heirs, and estate representatives

Former homeowners whose property was sold at foreclosure
Former owners whose property was sold at a Virginia tax sale
Heirs and estate representatives when the former owner is deceased
Beneficiaries with a recorded interest in the property

You may still be owed money after a foreclosure or tax sale.

The sale is over. The money may not be.

Former owners, heirs, and estate representatives