West Virginia Surplus Funds Laws
How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in West Virginia.
Mortgage foreclosure surplus
W. Va. Code § 38-1-7(a) expressly governs deed-of-trust sale proceeds: expenses, secured obligations, then surplus to the grantor, heirs, personal representatives, successors or assigns as interests appear. Section 38-1-7 sets no special initial grantor surplus-claim deadline. Contact the trustee promptly for payment and accounting; an action to recover withheld funds requires case-specific limitations analysis.
Tax sale surplus
W. Va. Code §§ 11A-3-64–65 govern surplus from the specified deputy commissioner sales of delinquent or nonentered lands. The former owner, heirs or assigns must file a surplus claim in the circuit court where the land lies within two years after sale confirmation (§ 11A-3-65); otherwise the money goes to the Auditor for the general school fund.
Unclaimed funds
West Virginia Uniform Unclaimed Property Act, W. Va. Code art. 36-8; § 36-8-15 governs initial owner claims and § 36-8-16 judicial actions. Section 36-8-15 sets no fixed general initial owner-claim cutoff. The administrator generally decides within 90 days; a denied or unacted-on claimant may sue under § 36-8-16.
Statute text
Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.


