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How to claim foreclosure surplus funds in Virginia

Most Virginia home foreclosures are trustee's sales under a deed of trust. The trustee must pay costs, priority taxes, the loan and any junior liens, and then pay what is left to you or your assigns. Every trustee must file an account of the sale with the circuit court's commissioner of accounts, which is your best way to check whether there was a surplus.

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Reviewed against Virginia law and official sources on October 12, 2026. General information, not legal advice.

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How to claim surplus funds in Virginia

  1. The trustee collects the sale money

    At and after the foreclosure sale

    The trustee receives the proceeds and must apply them in a fixed order: sale expenses and the trustee's commission, taxes with priority, the foreclosed debt, junior liens of record, and then the residue to you. The deed of trust cannot change this order.

    Va. Code § 55.1-324(A)(3)

  2. Give the trustee your new address in writing

    Before and right after the sale

    The trustee pays the residue to the grantor and is not bound by transfers or liens it has no actual notice of before paying. Send the trustee a letter with your mailing address and a request for any surplus, and keep a copy.

    Va. Code § 55.1-324(A)(3)

  3. Check the account of sale

    Within 6 months after the sale

    The trustee must file an account of the sale with the commissioner of accounts of the circuit court where the deed of trust was recorded. The commissioner settles the account and reports it to the court, and it is recorded in the clerk's will book, so you can ask the clerk or commissioner for a copy.

    Va. Code §§ 64.2-1309, 64.2-1310

  4. Junior liens come before you

    When the trustee distributes

    A second mortgage, home equity line or judgment lien of record is paid before you receive anything. If you think a lien was paid off or is not valid, raise it with the trustee and the commissioner of accounts before the money is paid out.

    Va. Code § 55.1-324(A)(3)

  5. Unclaimed money goes to the Treasury

    If you cannot be found

    Money owed to you that goes unclaimed can be reported to the Virginia Department of the Treasury's unclaimed property program. Search vamoneysearch.gov in your name and any old addresses.

    Va. Code § 55.1-2500 et seq.

  6. Locator fees are capped once money reaches the state

    36 months after the money is turned over

    It is illegal to charge you a fee to locate property reported to the state until 36 months after it was delivered, and after that any fee above 10 percent makes the agreement invalid. Virginia has no specific fee cap for surplus still held by a trustee, so be careful and ask the trustee directly first.

    Va. Code § 55.1-2542

  7. Surplus after a tax sale

    Surplus from a court-ordered sale for unpaid real estate taxes is held by the circuit court clerk and has a two-year claim deadline. See the Virginia property tax foreclosure page.

    Va. Code § 58.1-3967

What Virginia law says about leftover sale money

Surplus after a mortgage foreclosure sale

The trustee must apply the sale money in this order: sale costs and the trustee's commission, then taxes that have priority, then the foreclosed loan and any junior liens of record, and then pay whatever is left to you or your assigns. The trustee must file an accounting with the commissioner of accounts for the city or county. If you think there is a surplus, contact the trustee and the commissioner of accounts.

Va. Code § 55.1-324(A)(3)

Common questions in Virginia

Who is the commissioner of accounts in a Virginia foreclosure?

The commissioner of accounts is the circuit court officer who states and settles a trustee's account of a foreclosure sale and reports it to the court (Va. Code § 64.2-1309). The trustee must file the account within six months of the sale, and a trustee who fails to file can lose the commission. Call the circuit court clerk where the deed of trust was recorded to find the commissioner.

Can someone charge me to find my Virginia foreclosure surplus?

For money already turned over to the state, no one may charge a locator fee until 36 months after delivery, and fees above 10 percent void the agreement (Va. Code § 55.1-2542). You can always challenge a fee as excessive. Before signing anything, ask the trustee and check vamoneysearch.gov yourself.

What if the Virginia trustee paid my surplus to someone else?

The trustee must pay the residue to you or your assigns after valid liens (Va. Code § 55.1-324(A)(3)). Ask the commissioner of accounts for the account of sale and check who was paid. If something looks wrong, contact Virginia legal aid at 866-LEGLAID quickly.

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Also in Virginia

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Va. Code § 58.1-3965 (when land may be sold for delinquent taxes; notice; redemption; payment plans)
  2. Va. Code § 58.1-3967 (tax sale proceedings; surplus proceeds)
  3. Va. Code § 58.1-3970.1 (special commissioner deed to locality)
  4. Va. Code § 58.1-3974 (redemption by owner)
  5. Va. Code § 58.1-3975 (nonjudicial sale of small, low-value parcels)
  6. Va. Code § 58.1-3915 (penalty for late payment)
  7. Va. Code § 58.1-3916 (local due dates, penalties and interest)
  8. Va. Code § 58.1-3918 (interest on unpaid taxes)
  9. Va. Code § 58.1-3210 (elderly and disabled tax exemption or deferral)
  10. Va. Code § 64.2-1309 (accounts of sales under deeds of trust)
  11. Va. Code § 64.2-1310 (recordation of accounts of sales)
  12. Va. Code § 55.1-2542 (agreements to locate reported property)
  13. McKeithen v. City of Richmond, Record No. 210389 (Va. Oct. 19, 2023)
  14. Virginia Unclaimed Property search
  15. Va. Code § 55.1-320 (how deed of trust construed; duties of parties)
  16. Va. Code § 55.1-321 (notices required before sale by trustee)
  17. Va. Code § 55.1-322 (advertisement required before sale by trustee)
  18. Va. Code § 55.1-324 (powers and duties of trustee in event of sale)
  19. Va. Code § 59.1-200.1 (prohibited practices; foreclosure rescue)
  20. Virginia Housing: Foreclosure Prevention Options
  21. City of Alexandria (archived notice): Virginia Mortgage Relief Program
  22. Virginia SCC: File a Complaint
  23. Va. Code § 8.01-126 (unlawful detainer; former owner after foreclosure)
  24. Virginia Law Help: Housing (866-LEGLAID)