Surplus fortune

West Virginia Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in West Virginia.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

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.

Sources

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