Surplus Funds Recovery in West Virginia
If your property was foreclosed in West Virginia and sold at auction for more than what was owed, you may be entitled to the surplus. Most former homeowners never find out this money exists.
West Virginia allows 1 year to claim surplus funds from a trustee sale before funds may be considered abandoned.
Free eligibility check — takes 30 seconds. No upfront fees.
Check My Eligibility FreeHow Surplus Funds Work in West Virginia
West Virginia uses non-judicial (deed of trust) foreclosure. This means foreclosures can happen outside the court system, often moving faster than judicial states.
Under West Virginia Code § 38-1-7, when a foreclosed property sells at auction for more than the outstanding debt (including mortgage, liens, fees, and costs), the excess amount — known as surplus funds — legally belongs to the former property owner.
West Virginia uses non-judicial deed of trust foreclosure. Property values are among the lowest in the nation, resulting in smaller surplus amounts. Kanawha County (Charleston) and the Eastern Panhandle (Berkeley County) have the highest volumes.
How to File a Surplus Funds Claim in West Virginia
Contact the trustee who conducted the foreclosure sale
File a petition with the circuit court in the county where the sale occurred
Provide proof of identity, ownership, and entitlement
The court reviews the petition and determines distribution
Surplus funds are disbursed per the court order
Sounds complicated? We handle all of this for you. Our team researches your case, prepares the paperwork, and works with licensed attorneys in West Virginia to file your claim. You only pay when we recover your funds.
Top West Virginia Counties for Surplus Funds
These West Virginia counties have the highest foreclosure volumes and are most likely to have unclaimed surplus funds:
Frequently Asked Questions — West Virginia
West Virginia allows 1 year to file a claim for surplus funds from a foreclosure sale. After this deadline, funds may be permanently forfeited or transferred to the state unclaimed property division.
Surplus amounts in West Virginia typically range from $3,000–$10,000, depending on the property value, auction price, and outstanding debt. Some cases can be significantly higher.
Yes, you can file yourself. The process involves contacting the trustee or county, providing proof of ownership and identity, and navigating the legal requirements under West Virginia Code § 38-1-7. Many claims are denied due to paperwork errors, which is why most people work with a recovery service.
We work on a contingency basis — no upfront fees. Our standard fee is 25% of the recovered amount. If you use our self-service portal, you save an additional 5%. If we don't recover anything, you owe nothing.
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