Summary of West Virginia's Foreclosure Laws

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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

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Notice of default must be given to the borrower, giving ten days to cure. Notice of sale must be sent to the borrower by certified mail, return receipt requested, a reasonable amount of time before the sale takes place and published in a newspaper, generally once a week for two weeks.

Reinstatement of loan before sale

Notice of default must give the borrower ten days to cure the default and reinstate the loan. The borrower loses the right to reinstate after three defaults.

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

Allowed

Cash exempted in bankruptcy

Up to $25,800 for individual or married couple

Notice to leave after house is sold

After sending a notice to vacate, purchaser may initiate an unlawful detainer (eviction) lawsuit against the foreclosed homeowners to evict them from the property.

Foreclosure statutes

W. Va. Code §§ 38-1-3 to 38-1-15

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