RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-98.Sales of land when purchase price insufficient to pay taxes, etc.

Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 2020 · Last verified July 16, 2026

In one sentenceSection 8.01-98 lets a Virginia court confirm a land sale even when the price cannot cover the delinquent taxes, levies, and assessments against the property, so long as the price is adequate and reasonable, and it directs how the proceeds get distributed and the tax lien marked satisfied.

Full Text of § 8.01-98

Text size

In any proceedings for the sale of real estate or to subject real estate to the payment of debts, it appears to the court that the real estate cannot be sold for enough to pay off the liens of taxes, levies, and assessments returned delinquent against it, and it further appears that the purchase price offered is adequate and reasonable, such sale shall be confirmed, and the court shall decree the payment and distribution of the proceeds of such sale pro rata to the taxes, levies, and assessments due the Commonwealth or any political subdivision thereof, after having first deducted the cost of such proceedings in court. Such decree shall be certified to the treasurer who has charge of the delinquent tax books, and such treasurer shall cause the lien of such taxes, levies, and assessments to be marked satisfied upon the list of delinquent lands regardless of whether the same shall have been paid in full.

Plain-English Summary

Section 8.01-98 addresses what happens when a court-ordered land sale cannot raise enough money to pay off every delinquent tax, levy, and assessment against the property. If the court finds that the real estate cannot be sold for enough to satisfy those liens in full, but the purchase price offered is adequate and reasonable under the circumstances, the court still confirms the sale rather than holding out for a higher bid that may never come.

Once confirmed, the court decrees how the proceeds get divided: first the costs of the court proceeding come off the top, and what remains is paid out pro rata to the taxes, levies, and assessments owed to the Commonwealth or any political subdivision. Because the liens are being paid proportionally rather than in full, the court’s decree is then certified to the treasurer who holds the delinquent tax books. That treasurer marks the lien satisfied on the delinquent-lands list, even though the underlying debt was not paid in full — clearing the record so the sale can close and title can pass.

Frequently Asked Questions

Can a Virginia court confirm a land sale if the price will not cover all the delinquent taxes owed?

Yes, if the court finds the land cannot be sold for enough to pay the taxes, levies, and assessments in full, and the price offered is adequate and reasonable.

How are sale proceeds divided when they fall short of the total tax debt?

After deducting the costs of the court proceeding, the remaining proceeds are distributed pro rata among the taxes, levies, and assessments owed to the Commonwealth or a political subdivision.

Does the treasurer mark the full tax debt as paid even though the sale did not cover it?

Yes. Once the court certifies the decree, the treasurer marks the lien satisfied on the delinquent-lands list regardless of whether the taxes were paid in full.

Who decides whether the offered purchase price is adequate and reasonable?

The court, based on the facts before it in the sale proceeding.

What is deducted before the tax liens get paid from the proceeds?

The cost of the court proceedings comes off the top first, before the pro rata distribution to the taxes, levies, and assessments.

Amendment History

Code 1950, § 8-657; 1977, c. 617; 2020, c. 644.

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
Also known as: insufficient sale price delinquent taxes virginia8.01-98 virginia codejudicial sale tax lien satisfied virginiapro rata tax distribution land sale virginia