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§ 8.01-207.Who to collect purchase money and make deed; disposition of proceeds of sale.

Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-207 directs the officer who conducted the sale to collect the purchase money, convey the land by deed as a commissioner acting in the Commonwealth’s name, and pay out the proceeds in order — sale costs, back taxes, the debt owed the Commonwealth, and any balance left to the debtor.

Full Text of § 8.01-207

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On or before the maturity of such bond the sheriff or other officer who made the sale shall withdraw the bond from the clerk's office, leaving his receipt therefor and an attested copy thereof, and collect the same. So soon as the purchase money has been paid, the sheriff or other principal officer, or the deputy who acted in making the sale, shall, as commissioner, and in the name of the Commonwealth, convey the land to the purchaser by deed executed at his costs, reciting the execution, the sale and the price of the land. Such deed shall pass to the purchaser all the interest which the party against whom the execution issued had in the land at the date of the judgment or decree. Out of the money so collected the sheriff or officer who made the sale shall pay all costs attending such execution and sale, the costs of a survey, if there was one, all delinquent and unpaid taxes and levies on such land and the debt due the Commonwealth, and the residue, if any, he shall pay to the judgment debtor.

Plain-English Summary

Section 8.01-207 closes out the sale process begun under the preceding sections. On or before the bond from Section 8.01-206 matures, the sheriff or other officer who conducted the sale withdraws the bond from the clerk’s office — leaving a receipt and an attested copy behind — and collects the purchase money it secures. Once that money is paid, the same officer, or the deputy who ran the sale, acts as a commissioner in the Commonwealth’s name and executes a deed conveying the land to the purchaser, at the officer’s own cost, reciting the execution, the sale, and the price. That deed passes to the purchaser all the interest the debtor held in the land as of the date of the judgment or decree.

The officer then distributes the money collected in a set order: first the costs of the execution and sale, including any survey costs; then any delinquent or unpaid taxes and levies on the land; then the debt owed to the Commonwealth; and finally, whatever remains, to the judgment debtor.

Frequently Asked Questions

Who collects the purchase money after the land sale?

The sheriff or other officer who conducted the sale withdraws the bond from the clerk’s office and collects the purchase money before it matures.

Who signs the deed conveying the land to the buyer?

The officer who made the sale, or the deputy who conducted it, acting as a commissioner in the name of the Commonwealth.

What interest in the land does the purchaser receive?

All the interest the party against whom the execution issued held in the land as of the date of the judgment or decree — nothing more, nothing less.

In what order are the sale proceeds paid out?

First the costs of the execution and sale, including survey costs; then delinquent or unpaid taxes and levies on the land; then the debt owed to the Commonwealth; and last, any remaining balance to the judgment debtor.

Does the debtor get anything back if the sale brings in more than what’s owed?

Yes. Section 8.01-207 directs the officer to pay the residue, if any, to the judgment debtor after covering costs, taxes, and the Commonwealth’s debt.

Amendment History

Code 1950, § 8-770; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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