If you are facing foreclosure in West Virginia, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in West Virginia
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of West Virginia foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
| Topic | State Rule |
| Common type of foreclosure process | Nonjudicial: under power of sale in deed of trust |
| Time to respond | Foreclosing party must give homeowner notice within a reasonable time before sale (no specific time is specified) by publishing notice and by sending it through registered mail. |
| Reinstatement of loan before sale | Available for 10 days after homeowner is served with notice of right to cure, which can be served five days after homeowner defaults. Not available if a notice of right to cure is served three or more times. W. Va. Code § 46A-2-106 |
| Redemption after sale | No |
| Special protections for foreclosures involving high-cost mortgages | Some protections for a home equity line of credit. W. Va. Code § 38-1-14 |
| Special state protections for service members | W. Va. Code § 11-21-61 |
| Deficiency judgments | Allowed |
| Cash exempted in bankruptcy | $25,000 for individual or married couple |
| Notice to leave after house is sold | No special provisions for evictions following foreclosure. New owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit. |
| Foreclosure statutes | W. Va. Code §§ 38-1-3 to 38-1-15 |


