Surplus funds in Virginia: the rules, straight.
We work this state with local counsel or extra verification in the loop where the process calls for it.
Foreclosure / mortgage surplus
Legal — no statutory fee cap found pre-escheat.
Trustee accounts within 6 months and pays owner-direct (§ 55.1-324; § 64.2-1309).
No pre-escheat cap.
Tax sale overages
Legal — no statutory fee cap found pre-escheat.
Court that ordered the sale (§ 58.1-3967).
Deadline: 2-year window — hard.
Courtroom requirement: Process here varies enough that we route files through counsel review — included in the same contingency deal.
If nobody claims it: Tax surplus: 2-yr window then the locality keeps it. Post-escheat: 36-month bar + 10% cap — early contact on escheated funds is a MISDEMEANOR.
Cars, boats & RVs in Virginia: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.
Think Virginia is holding your money?
Five minutes, zero cost. We verify the record and tell you the truth about what's there — including when the answer is nothing.