West Virginia at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Under West Virginia's trust deed statutes, when the borrower defaults and the lender asks, the trustee named in the deed of trust sells the property at public auction without a court case. The trustee must first publish a notice of the sale in the county where the property is located and send a copy to the borrower by certified mail. W. Va. Code § 38-1-3; § 38-1-4 Show the source textsell the property conveyed by the deed, or so much thereof as may be necessary, at public auction, having first given notice of such sale as prescribed in the following section |
| Who holds foreclosure surplus | The foreclosure trustee receives the sale proceeds. After paying the expenses of the sale (including the trustee's commission) and the debts secured by the deed of trust, the trustee must pay any surplus to the grantor (the borrower) or the grantor's heirs, personal representatives, successors or assigns, as their interests may appear. The trustee must file an inventory and account of the sale with the county clerk's office where the deed of trust was first recorded. W. Va. Code § 38-1-7(a); § 38-1-8 Show the source textand shall pay the surplus, if any, to the grantor, his, her or its heirs, personal representatives, successors or assigns, as their interests may appear |
| Claim window for foreclosure surplus | The trust deed statute sets no deadline for the former owner to claim the surplus. The trustee must return an inventory and account of the sale to the county clerk within two months after the sale. If money is never claimed, West Virginia's unclaimed property law has general rules: property held by a court or government body is presumed abandoned one year after it becomes distributable, and property not covered by a more specific rule is presumed abandoned three years after the owner's right to demand it arises. W. Va. Code § 38-1-8; § 36-8-2(a)(11), (a)(18) Show the source textthere shall, within two months after the sale, be returned by the trustee, to the clerk of the county court of the county wherein such deed may have been first recorded, an inventory of the property sold |
| Tax sale excess proceeds | West Virginia sells tax liens. If delinquent real estate is not redeemed by October 31 of the year the delinquent list is published, the sheriff certifies it to the State Auditor, who sells the tax lien at public auction at the county courthouse. The owner may redeem at any time before a tax deed is issued. If the sale brings more than the taxes, interest and costs, the sheriff holds the surplus. The former owner, heirs or assigns are entitled to it if they file a claim in the circuit court of the county where the land is located within two years after the date of confirmation of the sale; otherwise the sheriff pays it to the Auditor for the general school fund. W. Va. Code §§ 11A-3-8, 11A-3-45, 11A-3-56(a), 11A-3-64(b), 11A-3-65 Show the source textif his or their claim be filed in the circuit court of the county in which the land is situated within two years after the date of confirmation of said sale |
| Rules for recovery companies | No West Virginia statute capping or regulating fees for recovering foreclosure surplus, tax sale surplus or unclaimed property was found. West Virginia's Uniform Unclaimed Property Act (W. Va. Code chapter 36, article 8) has no section on paid finders or agreements to locate property. The State Treasurer's Office has said in an official public-records response that the Act has no requirements specific to third-party finders and no fee limit, while noting that other statutes, such as consumer protection law, may limit fees. W. Va. Code ch. 36, art. 8 (no finder section); W. Va. State Treasurer public-records (FOIA) response dated 05/25/2022 Show the source textthere is no fee limit in the WV Unclaimed Property Act; however, other statutes such as consumer protection may limit the amount of fees permissible |
How surplus funds arise in West Virginia
When a home in West Virginia is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in West Virginia
We confirm the sale figures in the public record, identify which office in West Virginia is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In West Virginia that program is the West Virginia Unclaimed Property (Unclaimed Property Division of the West Virginia State Treasurer's Office).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, West Virginia law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in West Virginia
West Virginia regulates this kind of service. No West Virginia statute capping or regulating fees for recovering foreclosure surplus, tax sale surplus or unclaimed property was found. West Virginia's Uniform Unclaimed Property Act (W. Va. Code chapter 36, article 8) has no section on paid finders or agreements to locate property. The State Treasurer's Office has said in an official public-records response that the Act has no requirements specific to third-party finders and no fee limit, while noting that other statutes, such as consumer protection law, may limit fees. (W. Va. Code ch. 36, art. 8 (no finder section); W. Va. State Treasurer public-records (FOIA) response dated 05/25/2022)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in West Virginia
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for West Virginia, from locating the funds to filing the claim.
The foreclosure trustee receives the sale proceeds. After paying the expenses of the sale (including the trustee's commission) and the debts secured by the deed of trust, the trustee must pay any surplus to the grantor (the borrower) or the grantor's heirs, personal representatives, successors or assigns, as their interests may appear. The trustee must file an inventory and account of the sale with the county clerk's office where the deed of trust was first recorded.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.