§ 58.1-3967. How proceedings instituted; parties; procedure generally; titleacquired; disposition of surplus proceeds of sale.
Proceedings under this article for the appointment of a special commissionerunder § 58.1-3970.1 or the sale of real estate on which county, city, or towntaxes are delinquent shall be by bill in equity, filed in the circuit courtof the county or city in which such real estate is located, to subject thereal estate to the lien for such delinquent taxes.
Any party with an interest in such real estate, including a lienor or personwith a claim of title, but not including a person whose interest in the realestate is secured by a deed of trust properly recorded, shall file his claimwithin 90 days after notice of such proceedings. Failure to timely file shallbar any such claims.
Any party who is not otherwise served shall be served by publication pursuantto § 8.01-316. Any person served by publication may petition to have the casereheard, but, notwithstanding § 8.01-322, only for good cause shown, and onlywithin 90 days of entry of the confirmation of sale.
All necessary parties shall be made parties defendant. A guardian ad litemshall be appointed for persons under a disability as defined in § 8.01-2, andfor all persons proceeded against by an order of publication as partiesunknown. The beneficiary or beneficiaries under any deed of trust, securityinterest or mortgage shall not be deemed necessary parties, provided anytrustee under the deed of trust, any mortgagee under the mortgage, and anylien creditor are given notice as prescribed in § 58.1-3965, except thateither the beneficiary or beneficiaries, or the trustee or trustees, underany deed of trust, security interest or mortgage securing a financialinstitution, or any lien creditor that is a financial institution, shall benecessary parties defendant. After filing of suit and a lis pendens, anyparty who thereafter acquires an interest in the delinquent real estate,including a lienor or party with a claim of title, shall not be deemed anecessary party, but shall be permitted to intervene in the proceedings tofile his claim. Failure to file such a claim shall bar any such claim. Thetitle conveyed to the purchaser at the judicial sale shall be held to bar anydisabilities of parties defendant, and shall be free of all claims of anycreditor, person, or entity, including those claims of beneficiaries underany deed of trust or mortgage, provided that notice was given or thecreditor, person, or entity was made a party defendant.
Such proceedings shall be held in accordance with the requirements, statutoryor arising at common law, relative to effecting the sale of real estate by acreditor's bill in equity to subject real estate to the lien of a judgmentcreditor, provided that publication, if necessary, shall be as provided by §8.01-321.
In proceedings under this article, the character of the title acquired by thepurchaser of such real estate at such sale shall be governed by theprinciples and rules applicable to the titles of purchases at judicial salesof real estate generally; however nothing herein shall be construed to affectany easements recorded prior to the date of sale.
The former owner, his heirs or assigns of any real estate sold under thisarticle shall be entitled to the surplus received from such sale in excess ofthe taxes, penalties, interest, reasonable attorneys' fees, costs and anyliens chargeable thereon. If no claim for payment of the indebtedness securedby any lien chargeable thereon is made by an unknown beneficiary of suchlien, or if no claim for such surplus is made by such former owner, his heirsor assigns, within two years after the date of confirmation of such sale,then such amount secured by the lien of the unknown beneficiary, surplus, orboth, as applicable, shall be paid by the clerk of the court in which suchsuit was instituted to the county, city, or town that received proceeds fromthe sale of the real estate. If a county and a town receive proceeds from thesame sale, then such surplus shall be divided between the county and town prorata based on the relative amount of proceeds received by each. Upon requestof the former owner, his heirs or assigns, or unknown beneficiary of any realestate sold under this article, and after a showing of a prior entitlementthereto, the governing body of any county or city which has received suchsurplus funds may, in its discretion, grant relief, by ordinance, to suchformer owner, heir, or assign, or unknown beneficiary and pay over suchamount as the governing body may deem appropriate to such former owner, heir,assign, or unknown beneficiary.
(Code 1950, § 58-1117.3; 1973, c. 467; 1984, c. 675; 1990, cc. 831, 918;1992, c. 854; 1993, cc. 51, 372; 1994, cc. 295, 884; 1996, c. 710; 1997, c.327; 1999, cc. 403, 869; 2000, c. 756; 2001, c. 37; 2004, c. 645; 2006, c.616; 2009, c. 682.)
§ 58.1-3967. How proceedings instituted; parties; procedure generally; titleacquired; disposition of surplus proceeds of sale.
Proceedings under this article for the appointment of a special commissionerunder § 58.1-3970.1 or the sale of real estate on which county, city, or towntaxes are delinquent shall be by bill in equity, filed in the circuit courtof the county or city in which such real estate is located, to subject thereal estate to the lien for such delinquent taxes.
Any party with an interest in such real estate, including a lienor or personwith a claim of title, but not including a person whose interest in the realestate is secured by a deed of trust properly recorded, shall file his claimwithin 90 days after notice of such proceedings. Failure to timely file shallbar any such claims.
Any party who is not otherwise served shall be served by publication pursuantto § 8.01-316. Any person served by publication may petition to have the casereheard, but, notwithstanding § 8.01-322, only for good cause shown, and onlywithin 90 days of entry of the confirmation of sale.
All necessary parties shall be made parties defendant. A guardian ad litemshall be appointed for persons under a disability as defined in § 8.01-2, andfor all persons proceeded against by an order of publication as partiesunknown. The beneficiary or beneficiaries under any deed of trust, securityinterest or mortgage shall not be deemed necessary parties, provided anytrustee under the deed of trust, any mortgagee under the mortgage, and anylien creditor are given notice as prescribed in § 58.1-3965, except thateither the beneficiary or beneficiaries, or the trustee or trustees, underany deed of trust, security interest or mortgage securing a financialinstitution, or any lien creditor that is a financial institution, shall benecessary parties defendant. After filing of suit and a lis pendens, anyparty who thereafter acquires an interest in the delinquent real estate,including a lienor or party with a claim of title, shall not be deemed anecessary party, but shall be permitted to intervene in the proceedings tofile his claim. Failure to file such a claim shall bar any such claim. Thetitle conveyed to the purchaser at the judicial sale shall be held to bar anydisabilities of parties defendant, and shall be free of all claims of anycreditor, person, or entity, including those claims of beneficiaries underany deed of trust or mortgage, provided that notice was given or thecreditor, person, or entity was made a party defendant.
Such proceedings shall be held in accordance with the requirements, statutoryor arising at common law, relative to effecting the sale of real estate by acreditor's bill in equity to subject real estate to the lien of a judgmentcreditor, provided that publication, if necessary, shall be as provided by §8.01-321.
In proceedings under this article, the character of the title acquired by thepurchaser of such real estate at such sale shall be governed by theprinciples and rules applicable to the titles of purchases at judicial salesof real estate generally; however nothing herein shall be construed to affectany easements recorded prior to the date of sale.
The former owner, his heirs or assigns of any real estate sold under thisarticle shall be entitled to the surplus received from such sale in excess ofthe taxes, penalties, interest, reasonable attorneys' fees, costs and anyliens chargeable thereon. If no claim for payment of the indebtedness securedby any lien chargeable thereon is made by an unknown beneficiary of suchlien, or if no claim for such surplus is made by such former owner, his heirsor assigns, within two years after the date of confirmation of such sale,then such amount secured by the lien of the unknown beneficiary, surplus, orboth, as applicable, shall be paid by the clerk of the court in which suchsuit was instituted to the county, city, or town that received proceeds fromthe sale of the real estate. If a county and a town receive proceeds from thesame sale, then such surplus shall be divided between the county and town prorata based on the relative amount of proceeds received by each. Upon requestof the former owner, his heirs or assigns, or unknown beneficiary of any realestate sold under this article, and after a showing of a prior entitlementthereto, the governing body of any county or city which has received suchsurplus funds may, in its discretion, grant relief, by ordinance, to suchformer owner, heir, or assign, or unknown beneficiary and pay over suchamount as the governing body may deem appropriate to such former owner, heir,assign, or unknown beneficiary.
(Code 1950, § 58-1117.3; 1973, c. 467; 1984, c. 675; 1990, cc. 831, 918;1992, c. 854; 1993, cc. 51, 372; 1994, cc. 295, 884; 1996, c. 710; 1997, c.327; 1999, cc. 403, 869; 2000, c. 756; 2001, c. 37; 2004, c. 645; 2006, c.616; 2009, c. 682.)
§ 58.1-3967. How proceedings instituted; parties; procedure generally; titleacquired; disposition of surplus proceeds of sale.
Proceedings under this article for the appointment of a special commissionerunder § 58.1-3970.1 or the sale of real estate on which county, city, or towntaxes are delinquent shall be by bill in equity, filed in the circuit courtof the county or city in which such real estate is located, to subject thereal estate to the lien for such delinquent taxes.
Any party with an interest in such real estate, including a lienor or personwith a claim of title, but not including a person whose interest in the realestate is secured by a deed of trust properly recorded, shall file his claimwithin 90 days after notice of such proceedings. Failure to timely file shallbar any such claims.
Any party who is not otherwise served shall be served by publication pursuantto § 8.01-316. Any person served by publication may petition to have the casereheard, but, notwithstanding § 8.01-322, only for good cause shown, and onlywithin 90 days of entry of the confirmation of sale.
All necessary parties shall be made parties defendant. A guardian ad litemshall be appointed for persons under a disability as defined in § 8.01-2, andfor all persons proceeded against by an order of publication as partiesunknown. The beneficiary or beneficiaries under any deed of trust, securityinterest or mortgage shall not be deemed necessary parties, provided anytrustee under the deed of trust, any mortgagee under the mortgage, and anylien creditor are given notice as prescribed in § 58.1-3965, except thateither the beneficiary or beneficiaries, or the trustee or trustees, underany deed of trust, security interest or mortgage securing a financialinstitution, or any lien creditor that is a financial institution, shall benecessary parties defendant. After filing of suit and a lis pendens, anyparty who thereafter acquires an interest in the delinquent real estate,including a lienor or party with a claim of title, shall not be deemed anecessary party, but shall be permitted to intervene in the proceedings tofile his claim. Failure to file such a claim shall bar any such claim. Thetitle conveyed to the purchaser at the judicial sale shall be held to bar anydisabilities of parties defendant, and shall be free of all claims of anycreditor, person, or entity, including those claims of beneficiaries underany deed of trust or mortgage, provided that notice was given or thecreditor, person, or entity was made a party defendant.
Such proceedings shall be held in accordance with the requirements, statutoryor arising at common law, relative to effecting the sale of real estate by acreditor's bill in equity to subject real estate to the lien of a judgmentcreditor, provided that publication, if necessary, shall be as provided by §8.01-321.
In proceedings under this article, the character of the title acquired by thepurchaser of such real estate at such sale shall be governed by theprinciples and rules applicable to the titles of purchases at judicial salesof real estate generally; however nothing herein shall be construed to affectany easements recorded prior to the date of sale.
The former owner, his heirs or assigns of any real estate sold under thisarticle shall be entitled to the surplus received from such sale in excess ofthe taxes, penalties, interest, reasonable attorneys' fees, costs and anyliens chargeable thereon. If no claim for payment of the indebtedness securedby any lien chargeable thereon is made by an unknown beneficiary of suchlien, or if no claim for such surplus is made by such former owner, his heirsor assigns, within two years after the date of confirmation of such sale,then such amount secured by the lien of the unknown beneficiary, surplus, orboth, as applicable, shall be paid by the clerk of the court in which suchsuit was instituted to the county, city, or town that received proceeds fromthe sale of the real estate. If a county and a town receive proceeds from thesame sale, then such surplus shall be divided between the county and town prorata based on the relative amount of proceeds received by each. Upon requestof the former owner, his heirs or assigns, or unknown beneficiary of any realestate sold under this article, and after a showing of a prior entitlementthereto, the governing body of any county or city which has received suchsurplus funds may, in its discretion, grant relief, by ordinance, to suchformer owner, heir, or assign, or unknown beneficiary and pay over suchamount as the governing body may deem appropriate to such former owner, heir,assign, or unknown beneficiary.
(Code 1950, § 58-1117.3; 1973, c. 467; 1984, c. 675; 1990, cc. 831, 918;1992, c. 854; 1993, cc. 51, 372; 1994, cc. 295, 884; 1996, c. 710; 1997, c.327; 1999, cc. 403, 869; 2000, c. 756; 2001, c. 37; 2004, c. 645; 2006, c.616; 2009, c. 682.)
