Behind on Property Taxes in Virginia? How to Stop a Tax Sale or Sell First
If you got a letter saying your property could be sold for back taxes, take a breath. Here's how to stop a tax sale in Virginia, and what to do if you can't. You can usually stop it right up until the sale by paying everything owed, or by asking the treasurer, or the attorney handling the sale, for a payment agreement. If neither works, you can still sell the property with the delinquent taxes paid at closing and keep what's left. The one thing that makes it worse is waiting.
I'm Luke Miller, a real estate guy here in Front Royal. A lot of my week is spent helping folks in Warren, Frederick, Fauquier, and Shenandoah counties who are getting hassled by the County over back taxes. Even though, I regularly help people in those counties, I have also helped families all over Virginia and can help with your property too. Nine times out of ten I'm just pointing people in the right direction. Here's how it works.
Got a Letter From TACS, Sands Anderson, or Another Tax Sale Attorney?
Opening an envelope from a law firm you've never heard of is scary, especially when it's about your land or house. Here's what's usually going on.
Many Virginia counties and cities don't handle tax sales in-house. They hire an outside firm to collect back real estate taxes and, if it comes to it, take the property through a court-ordered tax sale. Two names you'll see regularly are TACS (Taxing Authority Consulting Services, PC, which runs taxva.com), and Sands Anderson PC, but there are many others.. Other localities use a local attorney the court appoints as "special commissioner" to handle the sale and some Counties run their own tax delinquent sales.
Close to home, recent Warren County tax sale notices were handled by TACS, and Shenandoah County's October 2026 tax sale was run by a special commissioner from Sands Anderson. Frederick and Fauquier counties have used court-appointed special commissioners too. Localities can change who they use, so go by the name on your letter.
A letter like this usually means your county or city has turned your past-due taxes over for collection, and a tax sale case is coming or has already started. It doesn't mean the property is already gone. Until the sale happens, you generally still have options:
Pay it off. Ask the firm or your treasurer for the exact payoff in writing.
Ask about a payment agreement.
Sell first. The back taxes are normally paid at closing, but if there is not time for a traditional sale (can take 30-90 days on average) then we can help.
If you're not sure what to do, I'm glad to talk it through for free, with no pressure. Call or text me at (540) 551-7893.
Just so you know: Simple Home Relief is not affiliated with TACS, Sands Anderson, any other tax sale firm, or any county or city. We're a local real estate company, not the people handling your tax case. For your exact balance and deadlines, contact the firm or attorney named on your letter, or your treasurer. We are not your only option and sometimes we are not the best option. If that is the case, we will tell you upfront!
How a Virginia Tax Sale Works
Virginia doesn't sell tax liens the way some states do. The county or city goes to circuit court and asks a judge to sell the property itself. The rules start at § 58.1-3965 of the Code of Virginia.
When can the County start?
Under § 58.1-3965(A), a locality can generally move to sell real estate when taxes are still unpaid on December 31 following the second anniversary of their due date. It can be sooner in two cases:
Condemned, nuisance, derelict, or blighted property can start after the first anniversary.
Property assessed at $100,000 or less can be sold after the first anniversary if the court makes certain findings.
Very small, low-value parcels (assessed at $15,000 or less) have a separate auction process without a lawsuit once taxes are delinquent on December 31 following the third anniversary (§ 58.1-3975).
The notices you should get
At least 30 days before the lawsuit is filed, the treasurer has to mail a notice to the owner's last known address, and that notice has to tell you that you can ask for a payment agreement. The locality also has to publish a list of the properties in a local newspaper at least 30 days before the case starts (§ 58.1-3965(A)).
The case itself is run by an attorney or firm the locality hires (§ 58.1-3966). In many Virginia localities that's Taxing Authority Consulting Services, which posts its sale lists and FAQs at taxva.com. Timelines vary a lot by locality, so ask whoever is handling your case for the actual dates.
Your Options to Stop a Tax Sale in Virginia
Option 1: Pay everything before the sale
Under § 58.1-3965(B) and § 58.1-3974, the owner or the owner's heirs can redeem the property any time before the sale by paying all the back taxes, penalties, interest, costs (including publication), and a reasonable attorney fee.
Two things catch people off guard:
A partial payment doesn't stop it. § 58.1-3965(B) says plainly that paying part of what's owed doesn't redeem the property or stop the case.
The number grows. Once the case starts, attorney fees and costs get added. Call the treasurer and ask for the exact payoff and deadline in writing. The tax balance is not the only balance that needs to be paid. If it has gone to an attorney, they'll have fees and costs associated with facilitating the sale as well.
Option 2: Ask for a payment agreement
Under § 58.1-3965(C), the treasurer may hold off on the sale if you sign an installment agreement to pay everything over a reasonable period, never more than 72 months. It's not automatic. A few rules:
You still have to pay your current taxes as they come due.
If you default, the treasurer can void the agreement on 15 days' written notice, and the sale case can pick back up without new notices (§ 58.1-3965(E)).
After a default, you can't get a second agreement on the same property for three years.
Option 3: Sell the house or land with the delinquent taxes
If the payoff is more than you can handle, or you simply don't want the property anymore, you can sell before the sale date. The back taxes and costs are normally paid out of the sale price at closing, but doesn't have to be. Compared with letting it go to auction, selling first gives you more say over price, timing and terms.. A regular listing can take months, though, and title problems (like heirs who never signed anything) slow things down more.
If you'd like to stay in the house while you sort it out, take a look at the Simple Home Relief Option. It's built for folks who need money for things like tax liens but aren't ready to move.
Not sure which option fits? I'm happy to talk it through - all options, not just the one where we work together. Call or text me at (540) 551-7893. No pressure. Just options.
What If the Property Already Sold?
Once the court confirms a tax sale, the buyer generally takes title free of the claims of everyone properly made a party to the case (§ 58.1-3967). Paying the taxes won't get it back at that point. But you may still be owed money.
Under § 58.1-3967, the former owner and their heirs are entitled to any surplus, meaning what the property sold for above the taxes, costs, and liens.
You have to prove you're entitled to it. (Harder than just saying you're entitled to it!)
If nobody claims it within two years after the sale is confirmed, it gets paid over to the locality.
After that, the locality may return it by ordinance, but that's up to them.
If you find yourself in this situation, we might be able to help connect you with an attorney who specializes in this. Set up a time for us to research this on our website.
Situations I See All the Time
"The taxes stopped getting paid after Mom passed away"
This is the most common one. The bills went to an old address, and now there's a letter with five family members' names on it. Heirs have the same right to redeem as the original owner (§ 58.1-3974), plus the payment-agreement option above. The hard part is getting everyone on the same page fast enough. I wrote more about that in what happens to a house with no will in Virginia.
"I own it with my siblings and they won't pay their share"
You can redeem the whole property yourself. Under § 58.1-3974, anyone who pays taxes on the property gets a lien for what they paid, plus 6% interest per year. If your siblings won't cooperate on anything, selling your share of the inherited property may be an option worth asking about.
"It's not taxes, it's the mortgage"
That's a different process with different deadlines. See what to do after a trustee sale notice in Virginia.
What to Do This Week
Call your treasurer and ask for the exact payoff in writing, the sale date, and whether a payment agreement is available.
Gather the paperwork: the notice, the deed, and any will or death certificate.
Decide whether to keep it or sell it while you still have time to do either. If you only own a portion, you can sell that as well so make the decision that fits best for your situation.
Let's Talk Before the County Decides for You
I live right here in Front Royal, and I travel all over the state helping families with back taxes. Sometimes that means walking you through a payment plan. Sometimes it means sorting out who owns what. And if you'd rather sell, I can make you an offer, pay the back taxes myself in addition to covering the closing costs so you know exactly what you'd walk away with.
The conversation is free and there's no pressure either way.
Call or text: (540) 551-7893
Short form: on my home page - takes about a minute
Email: Luke@simplehomerelief.com
This article is general information, not legal advice, and no outcome is guaranteed. Tax sale rules and deadlines vary by locality and situation, so please talk with a Virginia attorney about your circumstances.
Frequently Asked Questions
Who is TACS and why are they contacting me?
TACS is Taxing Authority Consulting Services, PC, a firm many Virginia localities hire to collect delinquent real estate taxes and run tax sales, including Warren County. If TACS contacted you, your locality has likely referred your past-due taxes to them. Until the sale, you can generally still pay in full, ask the treasurer about a payment agreement, or sell first. Simple Home Relief is not affiliated with TACS.
Is Sands Anderson handling my county's tax sale?
Sands Anderson PC is a Virginia law firm that handles delinquent tax collection and tax sales for a number of Virginia counties, cities, and towns, including Shenandoah County's recent sale. The surest way to know who is handling yours is the name on your notice. If it says Sands Anderson, call the number on it for your exact payoff and deadlines. Simple Home Relief is not affiliated with Sands Anderson.
How long can property taxes go unpaid before a tax sale in Virginia?
Generally until December 31 following the second anniversary of the due date (§ 58.1-3965(A)). It can be sooner for condemned, nuisance, derelict, or blighted property, or for property assessed at $100,000 or less after a court finding.
Can I stop a Virginia tax sale with a partial payment?
No. Under § 58.1-3965(B), a partial payment doesn't redeem the property or stop the case. You need to pay the full amount before the sale or sign an installment agreement with the treasurer.
How long can a Virginia tax payment plan last?
Up to 72 months under § 58.1-3965(C). The treasurer decides whether to offer one, you must keep up with current taxes, and after a default you generally can't get another plan on that property for three years.
Can I sell my property if it's scheduled for a tax sale?
Yes. You can sell before the sale date, and the back taxes and costs are usually paid at closing. Move quickly, because a slow sale or a title problem can run past the auction date.
What happens to the extra money from a Virginia tax sale?
The former owner and their heirs are entitled to the surplus after taxes, costs, and liens (§ 58.1-3967). You must prove your claim, and unclaimed surplus goes to the locality two years after the sale is confirmed.
Can heirs stop a tax sale?
Yes. Heirs can redeem before the sale (§ 58.1-3974), and § 58.1-3965(C) lets an heir who proves an ownership interest enter a payment agreement within 30 days of the court's finding.
Simple Home Relief and its representatives are not attorneys, and nothing in this article is legal advice. For legal questions about a tax sale, redemption, surplus claim, or inheritance, please talk with a licensed Virginia attorney.
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