WVC 38 - 3 - 13
§38-3-13. Same -- Confirmation of report; decree of rental or
sale and distribution.
When the report of any such commissioner is confirmed, if
the claims therein reported (if any) be not paid, the court shall
decree that so much of the real estate of the judgment debtor as
may be necessary, and which is subject to such lien or liens,
shall be rented or sold, and the proceeds thereof distributed
among the several lienholders who have appeared and proved their
liens and claims, according to their several priorities, if any;
which decree shall be a bar to the claim of any lienholder who
has not appeared and presented his claim to such commissioner, as
required by such notice, except that if a surplus remain after
the payment of the claims so presented and proved and confirmed
by the court, the lienholder so failing to appear may share in
such surplus, upon proving his claim at any time before a final
decree in the case, in such manner as the court shall direct. But
if he fail to present his claim before such final decree, he
shall be forever barred of all right to participate in the
proceeds of such real estate so far as the other creditors of
such judgment debtor, holding liens on such real estate, who have
not so failed, are concerned.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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