Frequently Asked Questions - Tax Sale
How can I obtain a listing of properties?
Lists of tax sale properties to be auctioned are posted on this web site. Lists are usually not available until three weeks prior to the auction. Lists are published in legal section of The Roanoke Times for three weeks in advance of the auction date. You may also sign up for a free e-mail notification through the MyRoanoke service. As soon as the list of properties is finalized, it is published on this web site and automatically e-mailed to those who have signed up through the free MyRoanoke service. Lists, when available, are also provided by Billings & Collections in the Noel C. Taylor Municipal Building, Room 252.
When and where are tax auctions advertised?
Tax sale auctions are required to be advertised in a newspaper of general circulation. Advertisements will be placed in The Roanoke Times as well as in the Legal Notice Section. Additionally, announcements will be made through the City of Roanoke’s web-site www.roanokeva.gov/taxsale and on RVTV, the government access channel.
When and where are the auctions held?
Tax auctions are usually conducted the Jefferson Center located in downtown Roanoke. However, auctions may be held at the courthouse or at other locations as announced on this web-site. The auction may be held indoors or outdoors. The exact date, time, and location of the auction can be determined from the Notice of Sale published in the local newspaper or on our website at www.roanokeva.gov/taxsale
How often are auctions held?
Auctions are held as soon as enough properties are ready through the legal process for auction. Usually auctions are scheduled when the legal process for tax sale has been completed on 10-25 properties. Dates vary, so check this web-site for notice of upcoming auctions.
Is payment in full required on the day of the auction?
Terms of sale are posted on the web-site. As these may change periodically, please read the Terms of Sale carefully.
How can I keep my property from being sold?
Pay in full or enter into a Promissory Note payment plan agreement. An active Promissory Note agreement, where no default has been made, will halt tax sale proceedings.
How long does the tax sale process take and when can I expect my property to be sold?
In general, the tax sale process takes approximately one year from referral of the account to removal from the Court’s docket. The length of time between referral of the account and sale of the property depends on many factors and cannot be determined in advance of the auction. All properties will be advertised at least two weeks prior to an auction. Owners have up until 5:00 p.m. on the date prior to the auction to redeem the property.
What are the starting bid prices of properties?
There are no requirements for starting bids nor are there any set amounts for opening bids. The beginning bidding is determined by the auctioneer and is "not" based on any outstanding amount owed against the property such as taxes or liens. The starting bid generally reflects the assessed value of the property.
If I purchase a property at a tax sale, can the owner come back later and reclaim the property?
No, property owners have until 5:00 p.m. of the day before the auction to redeem the property by paying delinquent taxes, legal fees, and assessments. Successful bidders at the auction obtain title to the property and the prior owner has no legal claim on the property.
The Property is sold in gross and not by the acre and is sold free of all claims of any creditor, person, or entity, including those claims of beneficiaries under any deed of trust or mortgage, as provided by Va. Code Ann. § 58.1-3967 (1950, as amended), but subject to all objections, rights, reservations, leases, covenants, conditions, restrictions, easements, encroachments, overlaps, overhangs, deficiency in quantity, all questions of boundaries, location and acreage which a current and accurate survey would disclose, roadways, unrecorded easements, and any other matter, recorded or unrecorded, as may lawfully affect the property or which would be disclosed by an inspection and accurate survey of the premises. No warranty is made as to the insurability of title.
How do I find out the results of an auction, including which properties were sold to whom and for what amount?
The information is public record and can be found in the records of the local Circuit Court Clerk’s Office. The information is contained in the Decree of Confirmation.
Are auctions advertised in the newspaper?
We use a variety of media to inform the public about the auctions. Announcements are posted on the city's web-page at www.roanokeva.gov/taxsale, or advertises the auction, press releases are distributed to radio and television stations as well as to the newspapers, and 3 advertisements are placed in the legal section of The Roanoke Times prior to the auction. You may wish to subscribe to the free MyRoanoke feature of the city's web-site which provides you with announcements, press releases, and information on city services via e-mail.
Who can purchase property at a tax sale?
The auctions are held open to the public. Anyone can bid on a property. Bidders may include adjacent property owners, neighborhood organizations, Community Development Corporations, investors or other interested parties. Bidders are encouraged to have all real estate taxes, personal property taxes, business license fees, meals taxes, lodgings or admissions taxes, whether as an individual, company, corporation or partnership, paid in full. Bidders are also encouraged to have any outstanding environmental code, building code or zoning code Notices of Violation remedied prior to bidding. Note: Any successful or highest bidder with weed abatements or demolition abatements, inoperable vehicle violations, vacant or derelict board up house violations, court citing violations and other code violations, unpaid assessments as well as delinquent taxes will be disqualified and the sale will be offered to the next highest bidder. Click on Bidder Qualification Program for additional information.
How do I qualify as a bidder at the auction?
To qualify as a bidder at the auction, you may not owe delinquent taxes to the City of Roanoke or have outstanding code violations on any properties owned in the City of Roanoke. For more details, read about the Bidder Qualification Program at www.roanokeva.gov/taxsale. Additionally, you may not be a Defendant in any delinquent tax suit filed by the local taxing jurisdiction.
What is the bidding process?
The bidding begins with the minimum bid amount, which usually begins at the assessed or appraised value, and bidding increases according to the bids received, in incremental amounts. All sales are made to the highest bidder. The auctioneer also records the name of the second highest bidder and in the event the highest bidder defaults, the property may be offered to the second highest bidder.
If I purchase a property at a tax sale, do I have to pay the back taxes?
No, the purchaser does not have to pay any back taxes or city assessments. The property is sold free and clear of taxes and nuisance abatement liens, and legal fees. The purchaser pays the bidder's premium, high bid price, and the cost of recording the deed in the city of Roanoke Circuit Court Clerk's Office.
If I purchase a property which is encumbered by a mortgage, taxes or weed abatement liens, am I responsible for these debts?
No. As part of the tax sale proceedings, all parties of interest are notified of pending litigation to sell the property for delinquent real estate taxes. Virginia law permits the property to be transferred free and clear of any such encumbrances to the purchaser upon the confirmation of the sale by the Court.
If I purchase a property at a tax sale, will I receive title to the property?
The sale of each parcel of property is subject to city and court approval. It is possible that a purchase could be denied based on the bid price being substantially lower than the value of the property. Usually bidders receive title within 6 to 8 weeks after the tax sale.
What types of properties are sold at auction?
All types of properties are sold at a tax sale. This includes vacant lots, vacant buildings, residential parcels, commercial parcels, and manufacturing parcels as well as occupied buildings. For zoning information, check out the city's Geographical Information System
How do I find more information about the properties being offered at an auction?
In most cases, the tax maps and assessment information can be obtained on-line using the GIS or Geographical Information System. The Real Estate Valuation department can provide information on the property’s assessment while the Code Enforcement, Building Inspections or Zoning Departments may provide additional information about the property. The information contained in the Notice of Sale is sufficient to conduct a search for information. All properties are sold “as is” and “where is.” It is assumed that all bidders at the auction have done their due diligence prior to bidding.
What qualifies a property for tax sale?
According to State and City code, proceedings may be instituted to sell a property when any taxes on the real estate are delinquent on December 31 following the first anniversary date on which such taxes have become due. See 58.1-3965 et. seq. of the Code of Virginia.
If I pay the delinquent taxes on a property, do I have legal ownership of that property?
No, there is no such provision under Virginia law.
Does the city sell real estate tax lien certificates?
No, Virginia law does not allow this. This process is used in many other states, but is not authorized in Virginia.
How can I get a list of all tax delinquent properties in the city of Roanoke?
A list of properties with delinquent real estate taxes may be requested through the City Treasurer. A fee will apply. Lists of properties subject to the tax sale are posted on this web site as soon as the information is available. In addition, lists of properties with delinquent real estate taxes are published in the local newspaper annually.
Where are the auctions held?
The auctions are usually held in Fitzpatrick Hall at the Jefferson Center located on 541 Luck Avenue, Roanoke, Virginia 24016. Any change of location will be noted on the tax sale announcements.
What is the minimum bid I should expect to pay?
All sales are required to be confirmed by the court. The Special Commissioner of sale will report on the overall bidding of the property, the appraised and/or assessed values of the property, the outstanding taxes due, and the bid amount received for the property at the auction. The bid should bear some relation to the value of the property. In the event the bid amount is unreasonable in relation to the approximate value of the property or substantially below the minimum bid, the Special Commissioner may recommend that the sale not be approved. Additionally, the Court may decide not to approve the sale on its own, or may determine that the property should be resold.
Does the City of Roanoke offer a financing program or discounts?
No. Purchasers or bidders are required to secure their own funding.
What happens to the properties that are not sold at the auction?
If the properties do not sell at the auction or if confirmation of the sale has been denied by the Court, the property may be advertised again and the sale process will be attempted for a second time.
If I purchase property at an auction and later become dissatisfied with the property, can I cancel my bid and get a refund of the deposit or purchase price?
Once the sale is confirmed by the Court, you become the legal owner of the property and the funds paid are not refundable. If prior to confirmation of sale, you become dissatisfied with the property, you will not be entitled to a refund of your deposit. In most cases your refund will be forfeited. The second highest bidder may be contacted and the property may be sold to that bidder or the property may be resold at a second auction, subject to the Court’s discretion. In such an event, you may be responsible for any costs and fees incurred to sell the property for a second time and your initial deposit is subject to forfeit.
What type of deed do I receive following confirmation of the sale?
A Special Commissioner’s Deed, a type of special warranty deed, will be available at the local Circuit Court Clerk’s Office for recordation. You are responsible for any recordation fee.
Will I be able to get title insurance on a property I purchase at an auction?
The City of Roanoke cannot guarantee that title insurance will be available, since underwriting practices vary from one company to the next with regards to tax sale property. If the availability of title insurance is important to you, you are urged to explore the matter further with a title company prior to bidding.
Can a previous property owner reclaim property after I have purchased it at the auction?
Maybe. There is a redemption period to allow the previous owner to be heard by the court. We cannot provide any legal advice regarding this matter, except to advise you to seek your own legal counsel if you are unsure about the redemption period applicable to the property.
For questions call Billings and Collections at 853-2880.
This page was updated July 27, 2011.