Yes. Nevada law (NRS 108.297) requires you to account for and pay any surplus from the lien sale. After recovering your documented towing, storage, and auction fees, you must pay excess proceeds first to lienholders, then to the vehicle owner. You cannot simply keep all auction proceeds because you obtained clean title through VP-147. This is one of the most misunderstood aspects of Nevada lien sales.

A shocked Reddit discussion illustrates the confusion: "I always thought the right thing would be for the tow vendor to pay any excess from the sale over their storage costs to the lienholder but they take possession of the whole vehicle?" The answer: Taking possession for lien sale is legal, but keeping surplus proceeds beyond documented costs is illegal conversion of property.

📋 Nevada Surplus Distribution Hierarchy (NRS 108.297):

1. First priority - Your documented costs: Towing charges, storage fees at your posted daily rate, administrative costs for title search and certified mail, auction fees
2. Second priority - Lienholders on DMV record: If auction sale exceeds your costs, remaining funds go to the first lienholder (bank) up to the amount of their lien. If surplus still remains, it goes to second lienholder if applicable
3. Third priority - Original owner: Any remaining surplus after lienholder(s) are paid must be sent to the registered owner at their DMV-registered address via certified mail
4. Unclaimed surplus: If owner doesn't respond to surplus notification within required time (typically 30-60 days), consult legal counsel about escheat to the state

⚠️ Real-World Example of Surplus Calculation:

• Vehicle sells at Copart for $8,500
• Your documented costs: Towing $250, storage 45 days at $30/day = $1,350, auction fees $400 = $2,000 total
• Remaining: $6,500 surplus
• Lienholder on DMV record: Bank with $12,000 lien = Bank gets entire $6,500
• Nothing left for owner (their debt to bank reduced by $6,500)

Different scenario - No lien on record:

• Same $8,500 sale price, same $2,000 costs
• No lienholder on DMV title
• You must send $6,500 to the registered owner with accounting of costs and surplus calculation

💡 Why This Matters for VP-147 Compliance: When you sign your notarized VP-147 affidavit, you're swearing under oath that you followed Nevada's lien sale procedures. Part of those procedures is accounting for surplus. If the owner later discovers you kept $5,000 in surplus that legally belonged to them or their lender, you face: (1) civil lawsuit for conversion, (2) potential perjury charges for false VP-147 affidavit, (3) loss of your tow operator license, (4) criminal charges for theft by conversion.

🏢 Best Practice for Tow Operators: Create a standard surplus calculation worksheet for every lien sale. Document: (1) Auction gross proceeds, (2) Itemized costs (towing, storage with daily rate and number of days, title search, certified mail, auction fees), (3) Net surplus calculation, (4) Lienholder payment if applicable with proof of payment, (5) Owner surplus payment with certified mail proof of delivery. Keep these records for 3-5 years. When we notarize VP-147 forms at Sun City Aliante or other Clark County tow yards, we can review your surplus calculation to ensure it's properly documented before you sign under oath.

Related Questions

• Do I need to notify both the owner AND lienholder for VP-147?
• What if certified mail comes back undeliverable? Can I still do lien sale?
• What are the legal limits on storage fees for Nevada tow operators?

Most title companies require using their own notaries for real estate closings to maintain chain of custody, ensure compliance with specific lender instructions, and manage liability. While your own notary is legally valid in Nevada, title companies contractually mandate their selected notaries. Using an unauthorized notary can lead to rejection, closing delays, or escrow complications.

Why Title Companies Insist on Their Notaries:

Title companies coordinate with lenders, insurers, and county recorders—all of whom have specific requirements. They need notarization consistency and direct communication with the notary handling your closing. They also carry errors & omissions (E&O) insurance that covers their contracted notaries, which may not apply to independent notaries.

🔑 Can You Use Your Own Notary?

In rare cases, yes—but only with prior written approval from:

• The title company (may have exceptions for scheduling conflicts)
• Your lender (may require their approval)
• The seller's title company (if using separate title agents)

📋 Legitimate Reasons for Exception Requests:

• Your notary has existing relationship and coordination history
• Title company's notary has scheduling conflicts or excessive travel costs
• Out-of-state remote notarization is the only practical option
• Your notary is bonded, insured, and Nevada-commissioned

⚠️ Best Practice:

Always disclose your preferred notary to the title company early in the transaction. Get written approval in advance. If they refuse and delays occur, professional notaries in Summerlin and Water Street can coordinate with title company staff to facilitate acceptance or serve as backup if needed.

Related Questions

• What Happens If a Deed Is Notarized Incorrectly—Can It Be Fixed?
• How Do You Close Real Estate When Buyer Is Out of State and Can't Attend Closing in Person?
• Why Do Banks Refuse to Notarize Documents They Prepared?