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How to claim foreclosure surplus funds in West Virginia

Most West Virginia home foreclosures are trustee's sales under a deed of trust. If the sale brings more than the costs, the trustee's commission and the debts the deed of trust secures, the trustee must pay the surplus to you as the grantor, or to your heirs. You usually have to ask for it, so start with the trustee named in the notice of sale.

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Reviewed against West Virginia law and official sources on October 12, 2026. General information, not legal advice.

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How to claim surplus funds in West Virginia

  1. Who holds the money

    Right after the sale

    The trustee who ran the sale holds the money and must pay sale expenses and the trustee's commission first, then the debts secured by the deed of trust. Any surplus left must be paid to the grantor, or the grantor's heirs, personal representatives or assigns, as their interests may appear.

    W. Va. Code § 38-1-7(a)

  2. How you find out there is a surplus

    Account due within 2 months of the sale

    Within 2 months after the sale, the trustee must file an inventory and account of the sale with the clerk of the county commission where the deed of trust was first recorded. Ask the clerk for a copy, and write to the trustee asking for an accounting that shows the sale price and every payment made.

    W. Va. Code § 38-1-8

  3. Make a written request to the trustee

    As soon as you learn of the surplus

    There is no state court form for trustee's sale surplus. Send the trustee a dated letter asking for the surplus, with proof of who you are and a current address, and keep a copy. If the trustee will not pay or there is a dispute, ask legal aid or a lawyer about filing an action in circuit court.

    W. Va. Code § 38-1-7(a)

  4. Other liens may come first

    If there is a second mortgage, a judgment lien or another lien on the home, those creditors may also claim part of the surplus. The trustee pays what is owed under the deed of trust being foreclosed first, and what remains goes out as the interests of the people entitled to it appear.

    W. Va. Code § 38-1-7(a)

  5. Unclaimed money goes to the State Treasurer

    Generally after 3 years unclaimed

    Money that stays unclaimed is generally presumed abandoned after 3 years and reported to the State Treasurer's unclaimed property program. You can search and file a claim there for free, and the Treasurer must decide a claim within 90 days.

    W. Va. Code §§ 36-8-2(a)(18), 36-8-15

  6. Be careful with surplus finders

    We found no West Virginia statute that caps what a surplus finder can charge, so read any contract before you sign. Asking the trustee or the State Treasurer for your own money costs you nothing.

  7. Surplus after a property tax sale

    File within 2 years

    Surplus from a tax lien auction follows a different rule: you file a claim in the circuit court within 2 years. See our West Virginia property tax foreclosure page for the steps.

    W. Va. Code § 11A-3-65

What West Virginia law says about leftover sale money

Surplus after a mortgage foreclosure sale

The trustee must apply the sale money first to the costs of the sale, including the trustee's commission, then to the debts the deed of trust secures. Any surplus must be paid to you as the grantor, or to your heirs or assigns. If the home sold for more than you owed, write to the trustee named in the notice of sale and ask for an accounting. The trustee must file an inventory and account of the sale with the county clerk where the deed of trust was first recorded within 2 months of the sale, so you can also ask the clerk for it.

W. Va. Code §§ 38-1-7(a), 38-1-8

Common questions in West Virginia

Where do I get a copy of the account of my West Virginia trustee's sale?

Go to the clerk of the county commission in the county where your deed of trust was first recorded. The trustee must file an inventory and account of the sale there within 2 months after the sale, and a trustee who does not file forfeits the commission.

Can my second mortgage lender take the surplus from my West Virginia foreclosure?

It may be able to claim part of it. Surplus is paid out as the interests of the people entitled to it appear, so a junior lienholder can have a claim ahead of you. Ask the trustee for a written breakdown of who was paid and why.

My parent died after a West Virginia foreclosure. Can heirs claim the surplus?

Yes. The law says the surplus goes to the grantor or the grantor's heirs, personal representatives, successors or assigns. The estate's personal representative or the heirs should write to the trustee with proof of death and their right to the estate.

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Also in West Virginia

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. W. Va. Code § 11A-1-2, lien for real property taxes
  2. W. Va. Code § 11A-1-3, time for payment; interest on delinquent taxes
  3. W. Va. Code § 11A-2-2, collection by civil action
  4. W. Va. Code Chapter 11A, Article 3 (table of sections)
  5. W. Va. Code § 11A-3-2, second publication of delinquent list; notice
  6. W. Va. Code § 11A-3-4, redemption before certification
  7. W. Va. Code § 11A-3-8, certification of property to the Auditor
  8. W. Va. Code § 11A-3-38, redemption of certified lands
  9. W. Va. Code § 11A-3-44, Auditor to certify list of lands to be sold
  10. W. Va. Code § 11A-3-45, Auditor to hold annual auction
  11. W. Va. Code § 11A-3-46, publication of notice of auction
  12. W. Va. Code § 11A-3-47, redemption prior to sale
  13. W. Va. Code § 11A-3-48, unsold lands
  14. W. Va. Code § 11A-3-52, duties of purchaser to secure a deed
  15. W. Va. Code § 11A-3-54, notice to redeem
  16. W. Va. Code § 11A-3-55, service of notice
  17. W. Va. Code § 11A-3-56, redemption from purchase; hardship installments
  18. W. Va. Code § 11A-3-58, distribution to purchaser
  19. W. Va. Code § 11A-3-59, deed to purchaser
  20. W. Va. Code § 11A-3-64, sheriff to hold sale proceeds and surplus
  21. W. Va. Code § 11A-3-65, right of former owner to surplus proceeds
  22. W. Va. Code § 11-6B-3, $20,000 homestead exemption
  23. W. Va. Code Chapter 36, Article 8, Uniform Unclaimed Property Act
  24. W. Va. Code § 36-8-2, presumptions of abandonment
  25. W. Va. Code § 36-8-15, filing claim with administrator
  26. West Virginia State Auditor, Land and County Collections
  27. West Virginia State Treasurer, unclaimed property search
  28. W. Va. Code § 38-1-3 (sales under trust deeds)
  29. W. Va. Code § 38-1-4 (notice of sale)
  30. W. Va. Code § 38-1-4a (statute of limitations for sales by trustees)
  31. W. Va. Code § 38-1-7 (application of proceeds; action to recover a deficiency)
  32. W. Va. Code § 46A-2-106 (notice of consumer's right to cure default)
  33. W. Va. Code § 59-3-2 (legal advertisements; frequency of publication)
  34. WVHDF news release: WV Homeowners Rescue Program closed to new applications
  35. Legal Aid of West Virginia: Foreclosure podcast
  36. W. Va. Code § 38-1-8 (return of account of sale)
  37. W. Va. Code § 38-1-8a (trustee's report of sale disclosure form)
  38. W. Va. Code § 38-1-16 (sale under deed of trust; preexisting tenancy)
  39. W. Va. Code § 46A-1-102 (definitions; consumer loan)
  40. W. Va. Code § 55-3-1 (unlawful entry and detainer)
  41. W. Va. Code § 55-3-3 (return day and service of summons)