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?

Yes. A sworn Affidavit for a Nevada matter can be notarized anywhere by a legally commissioned notary. The critical details are:

• Correct certificate type: Affidavits require a jurat with an oath or affirmation and signature in the notary’s presence.
• Accurate venue: The certificate must show the actual state and county where the oath occurred, not Nevada.
• Local compliance: The out-of-state notary should use their jurisdiction’s compliant wording. If needed, the filing attorney can attach a Nevada-compliant form for clarity.

For clients who cannot travel, we coordinate facility signings and witnesses. See Affidavits and Sworn Statements, Hospital Notarization Service, and Notary with Witnesses Provided. We routinely serve legal teams near UNLV Campus Area, Downtown East, The District at Green Valley Ranch, and the Las Vegas Convention Center.

Out-of-state buyers have three primary options for closing when they cannot attend in person: Remote Online Notarization (RON), local notarization in their home state, or coordinating a mobile notary to travel. Remote Online Notarization is increasingly accepted by title companies and Nevada lenders, allowing the buyer to sign and notarize documents via secure video call from anywhere, eliminating the need for travel or complex multi-state coordination.

Option 1: Remote Online Notarization (RON) ⭐ Recommended

• Buyer signs documents via video with commissioned Nevada eNotary
• No travel required; all-digital workflow
• Nevada law recognizes RON for real estate transactions
• Typically completes in 1-2 business days
• Lower cost than travel or apostille alternatives
• Title company must approve RON platform in advance

Option 2: Home State Notarization (More Complex)

• Buyer uses local notary in their home state
• Notarization must be recognized in Nevada (reciprocity applies)
• May require apostille certification for multi-state validity
• Coordination required with title company & lender
• Potential delays due to notary availability mismatch
• More expensive (notarization + apostille fees)

Option 3: Notary Travel (Premium Option)

• Mobile notary travels to buyer's location for in-person signing
• Rarely done due to cost and logistics
• Only practical for high-value transactions or complex situations

✅ Best Practice for Nevada Property Buyers:

Early communication is critical. Contact your title company within days of purchase agreement to confirm they support Remote Online Notarization. Many do. If your title company doesn't support RON, explore Option 2 with their guidance on apostille requirements. Lake Mead Mobile Notary provides real estate closing coordination, connecting out-of-state buyers with certified notaries in Las Vegas and Summerlin to streamline closing timelines.

Related Questions

• Are You Allowed to Use Your Own Notary for Real Estate Closing Instead of Title Company's?
• What Happens If a Deed Is Notarized Incorrectly—Can It Be Fixed?
• How Do You Notarize Event Contracts When Vendor and Client Live in Different States?