How Fauquier County, Virginia, Conducts Tax Sales

Fauquier County, Virginia, holds tax sales when property owners fail to pay real estate taxes for more than two years. These auctions help the county recover unpaid taxes while allowing buyers to purchase properties, sometimes below market value.

Check the auction calendar for scheduled tax sales.

Understanding Fauquier County’s Tax Sale Process

The tax sale process in Fauquier County follows a legal and structured approach. The county identifies delinquent properties, notifies owners, files a court case, and conducts an auction where the highest bidder wins the property.

Here’s an overview of the process:

1. Identifying Properties – The county selects properties with long-term unpaid taxes.
2. Notifying Owners – The Treasurer sends official notices to property owners.
3. Legal Action – The county files a lawsuit to approve the tax sale.
4. Public Auction Announcement – Sale details are published in newspapers and online.
5. Bidding & Auction – The highest bidder wins and must pay within a set deadline.
6. Payment & Sale Confirmation – The court must approve the sale before ownership transfers.
7. Sale Proceeds Distribution – Funds cover taxes, legal fees, and may be returned to the owner.
8. Ownership Transfer – The special commissioner completes the deed transfer.

1. Identifying Delinquent Properties

The Treasurer reviews tax records to find properties that meet tax sale criteria.

• Owners receive multiple warnings about unpaid taxes.
• Some may qualify for a payment plan to avoid losing their property.
• If owners fail to pay or make arrangements, the county moves forward with legal action.

2. Notifying Property Owners

The county ensures property owners receive official warnings before the tax sale.

• Treasurer’s Notice – Sent by certified mail at least 30 days before legal action begins.
• Legal Warning – Owners are informed that the county may file a lawsuit to sell the property.
• Public Notice – The county publishes the sale notice in the local newspaper for one week.

3. Legal Process Before the Sale

If the owner does not pay within 31 days of receiving the Treasurer’s Notice, the county starts a court case.

• The county files a lawsuit in Circuit Court to authorize the tax sale.
• The court notifies owners and lienholders of the pending sale.
• A judge appoints a special commissioner to oversee the auction.
• The commissioner verifies ownership details and ensures all legal steps are followed.

4. Public Auction Announcement

Before the auction, the special commissioner advertises the tax sale.

• Newspaper Ads – The sale is published in local newspapers.
• Online Listings – The county posts auction details on its website.
• Auction Location – Sales happen on the front steps of the Fauquier County Circuit Court.
• Property & Bidding Rules – The public can access auction details in advance.

5. Bidding and Auction Process

The auction is open to all qualified bidders, but there are rules:

• Highest Bid Wins – The bidder with the highest offer gets the property.
• Judge’s Approval – The court must confirm the sale before ownership transfers.
• Minimum Bid Requirement – If bids do not meet the required amount, the court may reject the sale.

6. Payment and Confirmation

Winning bidders must follow county payment rules to finalize the purchase.

• Accepted Payment Methods – Only cashier’s checks or certified checks are allowed.
• No Personal Checks or Cash – Fauquier County does not accept these for tax sale purchases.
• Sale Report – The special commissioner submits the sale report to the court.
• Court Hearing for Approval – The court holds a hearing to confirm the sale.

Once the court confirms the sale, the buyer finalizes payment and gains ownership rights.

7. Distribution of Sale Proceeds

After the sale, the county distributes funds from the auction:

1. Attorney & Court Fees – Legal costs related to the tax sale.
2. Unpaid Taxes – The county recovers the delinquent real estate taxes.
3. Remaining Funds – Any extra money goes to the original property owner or lienholders.
4. Unclaimed Funds – If no one claims the extra money, it transfers to the state after a set time.

8. Transferring Ownership

Once the court approves the sale, the special commissioner finalizes the deed transfer.

• New Owner’s Responsibility – Buyers handle any remaining legal or financial issues.
• Title Clearance – Buyers should check the property title for outstanding liens.
• Recommended Legal Help – Working with a real estate attorney or title company is advised.
• Potential Liens – If the property has debts beyond unpaid taxes, the new owner may need to settle them before reselling or developing the land.

Important Considerations

Before bidding, buyers should know these key factors:

• All Sales Are Final – Once a bid is placed and accepted, the buyer must complete the purchase.
• Properties Are Sold As-Is – Fauquier County does not guarantee property conditions.
• Existing Liens May Apply – Some properties have debts beyond just unpaid taxes.
• Failure to Pay Results in Loss of Property – If a bidder does not complete the purchase, the property returns to auction, and the bidder loses any deposit.
• Title Clearance Is Buyer’s Responsibility – Buyers should perform title research before bidding.

Useful Links & Resources

• Learn How to Profit from Virginia Real Estate Auctions 
• Let’s talk about Tax Deeds and how you can profit from them!
• Discover Tax Deeds and how you can find property for as little as $50! 

Check the Auction calendar and don’t miss your chance to participate in the next Fauquier County tax sale. If you need expert advice, book a consultation or you can also explore our free resources to make informed investment decisions

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