Virginia · money left over after a foreclosure sale

You can claim it yourself, for free

Who holds it

The trustee who conducted the deed-of-trust (non-judicial) sale

How long

Not researched yet — ask the clerk

How you claim

Contact the trustee named in the sale notice and ask for the leftover proceeds (the 'residue'). The trustee must account for the sale to the circuit court's commissioner of accounts.

If someone offers to do it for you

Checklist: Virginia, money left over after a foreclosure sale

Who holds it: The trustee who conducted the deed-of-trust (non-judicial) sale

How long: Not researched yet — ask the clerk

How you claim: Contact the trustee named in the sale notice and ask for the leftover proceeds (the 'residue'). The trustee must account for the sale to the circuit court's commissioner of accounts.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Find the trustee's name in the sale notice or the trustee's deed.
  2. Ask the trustee in writing for the residue.
  3. If you inherited or were assigned the owner's interest, tell the trustee in writing before payout. The trustee isn't bound by transfers it doesn't know about.
  4. If unpaid, check the trustee's account filed with the commissioner of accounts.

Documents

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Official links

Source: Va. Code § 55.1-324(A)(3); Va. Code § 64.2-1309; Va. Code §55.1-320(7); Va. Code §55.1-331; Va. Code §§55.1-321; Va. Code §§55.1-2518, 55.1-2519; Va. Code §59.1-200.1. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.