Tax Delinquency in Fairfax County: A Homeowner’s Guide to Avoiding Judicial Sale

If you have received a letter from the Fairfax County Department of Tax Administration (DTA) or a law firm called TACS (Taxing Authority Consulting Services), you are likely facing the Judicial Sale process.

Many homeowners mistakenly believe they have months or years to fix this after an auction happens. In Fairfax County, that is not true. Once the gavel falls at the Special Commissioner’s auction, your chance to save the house is almost certainly gone.

This guide is designed to help homeowners in Fairfax, Vienna, Herndon, and Reston understand the foreclosure timeline, the “2-Year” trigger, and how to sell your house to save your equity before it is lost to the court.

The Fairfax County Tax Sale: How It Works

Fairfax County does not sell “tax liens” to investors like they do in Maryland. Instead, the county hires a special attorney (TACS) to file a lawsuit against your property in the Fairfax Circuit Court.

The “Special Commissioner’s Sale” If your taxes remain unpaid, the court authorizes a public auction to sell your real estate to the highest bidder.

  • The Goal: To pay off the back taxes, penalties, and heavy legal fees.
  • The Result: The house is sold “free and clear” to a new owner.
  • The Risk: Unlike mortgage foreclosure, where you might get some equity back easily, claiming “surplus funds” from a tax sale is a complicated legal battle that can take years.

Important Contact Information & Links

To manage your tax situation effectively, use these official resources:

  • Check Your Tax Balance: Fairfax County MyFairfax Portal (Register to see your exact balance).
  • The Collection Law Firm (TACS): Fairfax County outsources the legal foreclosure process to TACS. You will often need to deal with them directly to get a payoff figure.
  • Department of Tax Administration (DTA):
    • Address: 12000 Government Center Parkway, Suite 223, Fairfax, VA 22035.
    • Phone: (703) 222-8234.
    • Email: dtarcd@fairfaxcounty.gov (Revenue Collection Division).

The Timeline: When Does the County Take Action?

1. The Trigger (2 Years Delinquent) Under Virginia Code, the county can initiate the judicial sale process once taxes are delinquent on December 31st of the second year following the due date.

  • Example: If you missed your 2023 tax bill, your property becomes eligible for judicial sale starting January 1, 2026.

2. The 30-Day Warning Before the lawsuit is filed, you will receive a final notice giving you 30 days to pay in full or set up a payment plan. This is your “Red Zone.” Once this period expires, the file goes to the lawyers, and the costs skyrocket.

3. The Lawsuit (Litigation) TACS will file a “Bill in Equity” in the Fairfax County Circuit Court. You will be served a summons. From this point, you are not just paying taxes; you are paying for the county’s lawyers, too.

4. The Auction Auctions are typically held online (via ForSaleAtAuction.biz) or at the Fairfax County Courthouse.

The Cost of Waiting: Fees on Top of Fees

In Fairfax County, the original tax bill is often the least of your worries.

  • 10% Penalty: Added immediately when taxes are late.
  • 10% Annual Interest: Accrues monthly on the unpaid balance.
  • Attorney Fees & Court Costs: Once the file is with TACS, you are responsible for their billable hours, the cost of the title search, and the newspaper advertising fees. A $5,000 tax bill can easily turn into $10,000 or $15,000.

Your Options: Keep It or Sell It?

Option 1: Redeem BEFORE the Auction (Keep It) You have the right to “redeem” your property at any time before the auction commences.

  • Strict Deadline: Usually, you must pay by 5:00 PM the day before the sale.
  • Full Payment Required: You must pay the entire judgment amount (Taxes + Interest + Legal Fees). Partial payments generally do not stop the sale unless a formal payment plan is approved.

Option 2: Sell the House (Save Your Equity) If you cannot afford the lump sum to stop the auction, selling the house yourself is the only guaranteed way to protect your equity.

We Buy Fairfax County Homes Fast.

  • We Stop the Auction: We can submit a contract to TACS and the DTA, which often pauses the auction proceedings to allow the sale to close.
  • We Pay the Judgment: At closing, the title company pays off Fairfax County and TACS directly.
  • You Keep the Rest: You walk away with your equity check immediately, rather than waiting for the court to decide if you get any surplus funds.

How Consistent Homebuyers Helps Fairfax Homeowners

We are local to Northern Virginia and understand the high-stakes nature of the Fairfax Circuit Court process.

  • We Buy As-Is: From older homes in Annandale to townhouses in Centreville, we buy properties in any condition. No need to fix it up for the MLS.
  • Speed: If your auction date is weeks away, we can move fast. We have the cash and the title partners to close in as little as 7 days.
  • Privacy: Avoid the embarrassment of having your name published in the Washington Post or Fairfax Times tax sale lists.

Don’t wait until the gavel falls. Once the court confirms the sale, it is too late.

Frequently Asked Questions

Can I get my house back after the auction in Fairfax? No. Unlike Maryland, Virginia is not a “redemption” state. Once the Circuit Court confirms the high bid (usually 15-30 days after the auction), the property is transferred to the new owner, and your rights are extinguished.

Does Fairfax County offer payment plans? Yes, the DTA offers payment plans (up to 36 or 60 months in some cases), but only if you act early. Once the property is in the hands of the TACS attorneys, getting a payment plan approved is much more difficult and usually requires a large down payment (25%+).

What if I have heirs involved? This is common. If you inherited a house and fell behind on taxes because the estate wasn’t settled, we can help. We work with probate attorneys to clear the title and sell the house even if the taxes are delinquent.

Need a Hand with the Logistics?

Dealing with court orders and attorney fees is confusing. If you are struggling to understand your “Redemption Amount” or want to know exactly what your home is worth today, we are here to support you.

Disclaimer: Consistent Homebuyers is a real estate investment firm, not a law firm or financial institution. We do not provide legal or tax advice. We recommend all clients consult with their own legal counsel or tax professional regarding their specific situation.

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Stop The Judicial Sale. Save Your Equity. If you have received a court summons or a letter from TACS in Fairfax County, time is running out. Fill out the form below for a fair, no-obligation cash offer, or call us at (703) 687-0741.

More Resources for Fairfax County Homeowners