Q: Which Virginia court handles foreclosure excess proceeds disbursements?
A: You have posted this to Maryland attorneys. Repost your question and list the location as Virginia.
A: The same court where the foreclosure action was docketed and proceeded to auction and ratification of the sale. That would be the circuit court in the jurisdiction where the property is located. As this is a Virginia matter and you posted this question on a Maryland legal forum, you should consult a Virginia foreclosure lawyer who represents homeowners in such actions (as opposed to the lender). You may find such a lawyer if you try reposting and identifying the Commonswealth of Virginia as the appropriate geographic area of law.
A:
Fiduciaries in Virginia must file accountings and reports with the Commissioner of Accounts for the city or county involved. If a foreclosure auction results in a surplus of proceeds, most substitute trustees would file an interpleader action in the Circuit Court and name all interested parties as defendants, to limit the substitute trustee's potential liability for disbursement. The auction notice indicates the place of the auction, which is typically the city or county courthouse. Presumably, this would be the same court where an interpleader would be filed.
Anyone interested in a foreclosure sale in Virginia should consult with an experienced Virginia creditor-debtor law lawyer.
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