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Billings and Collections
Notice of Judicial Sale - Updated September 30, 2009
| Date: | To Be Announced |
| Time: | 12:00 Noon |
| Place: | Fitzpatrick Hall, Jefferson Center
541 Luck Avenue
Roanoke, Virginia 24016
For directions visit The Jefferson Center |
Thank you to everyone who attended the May 13, 2009 Tax Sale.
A listing of properties for next sale is currently unavailable. Advertisements of properties are also listed in the Legal Notice section of The Roanoke Times and announcements are made on .
Note: Listings of properties for auction are generally not available until at least three weeks before the scheduled auction and are subject to change.
Information about any property in the city such as assessed value or zoning may be accessed on the Internet from the City's Geographical Information System (GIS).
If you would like to be notified whenever the city of Roanoke holds a tax sale, join the free MyRoanoke e-mail service.
For More Information: See Frequently Asked Questions
New! See information on the Bidder Qualification Program.
General Information:
The City of Roanoke conducts auctions for properties which have delinquent real estate taxes, assessments for weed and trash abatement, and demolition or board up costs. According to state law, localities have the right to sell the real estate after the first anniversary date on which the taxes or other assessments were due. State law also provides that any property sold during these proceedings is purchased free and clear of all liens incurred by the owner or any other party involved in the suit. These are "not" tax deed, tax lien certificate or tax warranty deed auctions as these auctions are not allowed by state law.
The primary benefit of conducting the tax sale is to sell property to a responsible landowner who will properly maintain the property and pay future taxes. The neighborhoods benefit as well by having responsible property owners.
The property owner must pay all accumulated taxes, assessments, penalties, interest, and costs, including all legal fees by 5:00 p.m. on the date before the auction to redeem the property. All sales are subject to city Bidder Qualification approval and court approval.
Any listing of properties for the Tax Sale is subject to change up until the time of sale. Please check The Roanoke Times for advertisements. Tax sales are advertised in the legal section on three separate weeks prior to the auction.
Terms of Sale:
All parcels are subject to redemption or prior sale and may be withdrawn from sale for those or other reasons satisfactory to the Special Commissioner. The terms of sale are cash, bank check or certified funds--no personal or business checks will be accepted. An earnest money deposit is required at the time of sale of not less than 25% of the sale price, with the balance due in cash within 10 days. A bidder's premium of 5% will be added to the successful bid to determine the sale price. Funds should be made payable to Steven L. Higgs PC. Bidders may request a refund of excess earnest money deposits paid on the date of the sale. Taxes will be paid through the date of sale; purchasers are responsible for taxes thereafter. Purchasers assume the risk of loss from the time the bid is accepted by the Special Commissioner. Each sale is subject to confirmation by the Court. The Special Commissioner will record the deed for each parcel within 10 days of the date of court confirmation.
Prospective purchasers are urged to examine the title, location, condition, and desirability of the properties available to their own satisfaction prior to the sale. All properties are sold AS IS, WHERE IS. Bidders should perform such independent investigation and/or inspection with respect to the property as they deem necessary or appropriate. Title reports are available for review in court files. Inspection of properties is done at buyer's risk. The city of Roanoke makes no guarantee, expressed or implied, relative to title, location or condition of the properties for sale. ALL SALES FINAL. The City of Roanoke and the Special Commissioner specifically disclaim any warranty, express or implied, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and the warranties contained in Va. Code Ann. § 55-70.1 (1950, as amended). Possession of the properties will be delivered upon confirmation of the sale by the court, but purchasers will be responsible for obtaining lawful possession of any properties in the lawful possession of third parties.
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.
Bidder Qualification Program All bids will be reviewed by City Departments and final approval is subject to both city review regarding Bidder Qualification and court review. The City of Roanoke encourages all bidders to ensure that any properties they own or have ownership interest in, prior to the sale, have all outstanding taxes and fees paid in full and any code violations (zoning, building, etc.) remedied. Any prospective bidder with weed abatement or demolition abatements, inoperable vehicle violations; vacant, derelict or board up house violations, court citing violations, other code violations, and delinquent taxes, will be excluded from being the successful bidder on tax delinquent properties. Bidder information listed on the Tax Sale Bidder Qualification Form will be checked after the sale and if it is found after the sale that the successful bidder has code violations or delinquent taxes, then the sale will be offered to the next-to-highest bidder. Successful bidders must list all property that they own or have an ownership interest in for purposes of determining if there are any delinquent taxes or code violations.
Successful bidders or successful purchasers must complete the Bidder Qualification Forms. Use of this form requires the free .
Successful purchasers will receive a Special Warranty Deed issued by the Special Commissioner upon the approval of the court. All recordation costs and grantor's tax are at the expense of the Purchaser and must be paid in the settlement price. Persons intending to acquire more than one parcel should be prepared to tender separate checks for each purchase.
These terms are subject to change and any changes will be posted on this website to the extent practicable. The Special Commissioner may announce additional terms and conditions at the sale. The Special Commissioner may modify or waive the terms of the sale for one party, but not for another, at the reasonable discretion of the Special Commissioner. All properties are subject to being withdrawn from the sale at the discretion of the Special Commissioner.
The term "cash" as used in the terms of the sale refers to cash or its equivalent payable in U.S. Dollars, including: cash; wired funds (credited to the Trustee's trust account prior to the banking day on which such funds are due); certified check; checks issued by the Commonwealth of Virginia or a political subdivision of the Commonwealth of Virginia; cashier's check, or teller's check with equivalent funds availability in conformity with the federal Expedited Funds Availability Act, 12 U.S.C. § 4001, et seq.; checks issued by a financial institution, the accounts of which are insured by an agency of the federal or state government, which checks are drawn on a financial institution located within the Fifth Federal Reserve District, the accounts of which are insured by an agency of the federal or state government; drafts issued by a state chartered or federally chartered credit union, which drafts are drawn on the United States Central Credit Union; checks issued by an insurance company licensed and regulated by the State Corporation Commission, which checks are drawn on a financial institution located within the Fifth Federal Reserve District, the accounts of which are insured by an agency of the federal government; or checks issued by a state or federal savings and loan association or savings bank operating in the Commonwealth, which checks are drawn on the Federal Home Loan Bank of Atlanta. Funds should be payable to Steven L. Higgs, PC.
Lead Paint: Structure(s) was/were built prior to 1978 may contain lead paint. Inspection may be performed at bidder's option prior to sale day. Prior to signing the memorandum of sale, bidders must execute a lead paint disclosure and agree to waive the ten (10) days right to inspection after the sale. Property will be sold "AS IS, WHERE IS".
For all other questions, contact Billings and Collections at 540-853-2880
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