§ 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
Full Text of § 8.01-98
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.