Tyler v. Hennepin County
2023A U.S. Supreme Court case holding that a government taking more value than is owed in taxes violates the Takings Clause.
VA
Virginia
Tax Deed
Virginia tax deed auctions are judicial proceedings conducted by circuit courts to collect delinquent real estate taxes. There is no post-sale redemption period; the owner may only redeem before the sale. The winning bidder receives a special warranty deed, but the sale must be confirmed by the court to ensure a fair price.
| Upcoming auctions | 0 |
| Counties covered | 133 |
| Scored properties | 0 |
| Last updated | Apr 15, 2026 |
Quick facts
- Sale type
- Tax deed (judicial)
- Redemption period
- None post-sale
- Sale frequency
- Varies by jurisdiction
- Minimum bid
- Taxes + penalties + costs
- Deed type
- Special Warranty
- Bidder deposit
- Typically 25%
- Governing statute
- Va. Code § 58.1-3965 et seq.
Statutory framework
| Sale Type | Tax Deed |
| Redemption Period | There is no post-sale redemption period in Virginia. The former owner's right to redeem expires at the time of the judicial sale. Owners may redeem the property at any time prior to the date of the sale by paying all accumulated taxes, penalties, interest, and costs. |
| Penalty / Interest | Interest on delinquent taxes is set at 10% per annum, beginning on the first day following the due date. Localities may also set additional penalties and interest by ordinance. |
| Jurisdiction Type | County |
| Jurisdiction Count | 133 |
| Typical Sale Month | Year-round |
| Assessor Portal | — |
| GIS Portal | — |
| Tax Portal | — |
Sale mechanics
Auctions are primarily in-person at the local circuit courthouse or a designated government building. Bidder registration varies by jurisdiction and often requires pre-registration with the attorney handling the sale. The minimum bid must cover all delinquent taxes, penalties, interest, and costs, and the court must confirm the sale price is fair and reasonable. Payment typically requires a deposit of 25% on the day of the sale, with the balance due within 10 days.
Post-sale obligations
The winning bidder takes possession upon confirmation of the sale by the Circuit Court and recordation of the deed. The property is at the risk of the purchaser from the time the bid is accepted. There is no post-sale redemption notification requirement as redemption rights end before the sale.
Quiet title cost estimator
Estimate attorney and court costs for clearing title after a Virginia tax deed purchase.
Estimated cost$3,000
Timeline6 mo.
Notable counties
Key Virginia counties for tax deed investors.
Fairfax County
Features a high volume of properties and a sophisticated, high-value market.
Richmond (City)
Contains a significant volume of urban, often blighted, properties.
James City County
Frequently cited for clear, well-documented judicial sale procedures.
Recent statutory changes
- 2025 (Effective July 1, 2025): Various amendments to Va. Code §§ 58.1-3965, 58.1-3967, and others updated procedures for the sale of real estate, enforcement of liens, and orders of publication to streamline the judicial process.
How to bid at a Virginia tax deed auction
Step-by-step process for participating in Virginia tax deed sales.
- 1
Research the catalog
Review the list of properties published in local newspapers or on the locality's website.
- 2
Perform due diligence
Conduct a title search and physical inspection of the property before the auction date.
- 3
Register for auction
Contact the attorney or official listed in the notice to register as a bidder.
- 4
Attend the auction
Appear in person at the designated time and location to submit bids.
- 5
Submit winning bid
If successful, provide the required deposit, usually 25%, immediately.
- 6
Pay the balance
Remit the remaining balance within the timeframe specified by the terms of sale, usually 10 days.
- 7
Record the deed
Once the court confirms the sale, the special commissioner will execute and record the deed.
Applicable statutes
Primary statute sections governing tax deed sales in Virginia.
Governs when land may be sold for delinquent taxes and the owner's right to redeem before sale.
Details how proceedings are instituted, parties involved, and the title acquired.
Covers the order of reference, appointment of a special commissioner, and costs.
Va. Code § 58.1-3975
Governs nonjudicial sales for properties of minimal size and value.
Notable case law
Landmark court decisions affecting Virginia tax deed investors.
Robertson v. Stone
1957A landmark Virginia case highlighting the court's historical tendency to strictly construe tax sale statutes to protect taxpayers, often resulting in the invalidation of sales for technical errors.
Frequently asked questions
Common questions from Virginia tax deed investors.
- There is no post-sale redemption. Owners may redeem only by paying all taxes and costs before the date of the judicial sale.
- It is not strictly required by statute, but it is often necessary to obtain title insurance or to clear potential clouds on title from parties who were not properly served.
- The primary risk is a procedural error in the judicial process, such as improper notice to a lienholder, which can lead a court to invalidate the sale.
- If the court finds that statutory notice requirements were not met, the sale may be set aside.
- They are judicial sales, typically held in person at the courthouse, managed by an attorney appointed by the locality.
- Yes, but you must do so before the sale. Properties are sold as-is and at the purchaser's risk.
How does Virginia's redemption period work?
Do I need a quiet title action?
What title risks should I know?
What happens if the owner challenges the sale?
How are auctions conducted?
Can I inspect properties?
Title Risk Flags
Procedural defects regarding notice to necessary parties, the use of Special Warranty Deeds which do not guarantee clear historical title, and the fact that tax sales generally do not extinguish recorded easements.
Data sourced from public state statutes, county recorder offices, and AuctionSift's proprietary county monitoring network. Updated weekly.