Surplus funds in West Virginia: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Trustee applies proceeds to expenses/debt then must pay surplus to grantor, heirs, or assigns (38-1-7). Written demand on trustee; competing juniors → Rule 22 interpleader.
Non-judicial DOT default (38-1-1 et seq.). 38-1-7 expressly includes assigns. No pre-escheat fee cap or non-attorney bar found. 38-1-8 requires trustee sale account. Marketing 1-yr deadline not in 38-1-7.
Tax sale overages
Yes — we recover this here.
Sheriff holds 11A-3-45/48 delinquent-land sale proceeds. Former owner/heirs/assigns file a circuit-court claim in the property county (11A-3-65). Not a treasurer admin form.
Deadline: 2 years after sale confirmation; then sheriff remits surplus to Auditor for general school fund (11A-3-65).
11A-3-65 covers land sales under §§45/48, not the sheriff tax-lien certificate sale. 2022 overhaul + Tyler; Grady v. Wood County for older sales. No fee cap; assigns allowed. 2025–26 bills tweak post-deadline split only.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Tax surplus unclaimed 2 yrs after confirmation is paid to Auditor for the school fund and extinguished (11A-3-65), not UP. Trustee surplus: no fixed clock; later 36-8 if abandoned. No current UP finder cap (HB 5629 would add 10%/24 mo).
Cars, boats & RVs in West Virginia: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://code.wvlegislature.gov/38-1-7/ · https://code.wvlegislature.gov/11A-3-65/
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