Surplus funds in Virginia: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Trustee accounts within 6 months and pays owner-direct (§ 55.1-324; § 64.2-1309).
No pre-escheat cap.
Tax sale overages
Yes — we recover this here.
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. Primary source: https://law.lis.virginia.gov/vacode/title55.1/chapter25/section55.1-2542/ · https://law.lis.virginia.gov/vacode/title55.1/chapter29/section55.1-2902/
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.