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Surplus funds in West Virginia.

When a property in West Virginia sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Both judicial and non-judicial.

Our fee here

We don't offer paid help in West Virginia. You can claim surplus here yourself, free; see below.

Tax sale surplus

For land sold by the deputy commissioner of delinquent and nonentered lands, the former owner (or heirs or assigns) is entitled to the surplus above taxes, interest and costs, but must file a claim in the circuit court of the county within two years after the sale is confirmed. If no claim is filed, the sheriff pays the surplus to the State Auditor for the general school fund (W. Va. Code §11A-3-65).

Foreclosure surplus

Foreclosure type
Both
Who holds the surplus

The trustee under the deed of trust, in a trustee's sale.

The trustee pays sale expenses and its statutory commission, then the secured debts, then pays any surplus to the grantor or the grantor's heirs, personal representatives, successors or assigns 'as their interests may appear' (W. Va. Code 38-1-7). Within two months of the sale the trustee must file an inventory and account of the sale with the county clerk where the deed of trust was first recorded, which shows any surplus (38-1-8). A former owner claims by contacting the trustee with proof of entitlement. No statutory claim deadline was found; unclaimed funds fall under the state unclaimed property act (W. Va. Code ch. 36, art. 8).

Fees and assignments. No specific statute found that caps or regulates fees or assignments for recovering foreclosure surplus in West Virginia. The unclaimed property act's section list (36-8-1 to 36-8-33) shows no agreement-to-locate or finder-fee section.

Claiming it yourself

We don't offer paid help in West Virginia. You can claim surplus here yourself, free.

See the free self-filing steps →

Every West Virginia county office(55)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).