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

Foreclosing party must give homeowner notice within a reasonable time before sale (no period of time is specified) by publishing notice and by sending it through registered mail.

Reinstatement of loan before sale

Available for ten days after homeowner is served with notice of right to cure, which can be served five days after homeowner defaults. Not available for defaulting debtor if a notice of right to cure is served three or more times. W. Va. Code § 46A-2-106

Redemption after sale

Not available

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

None

Deficiency judgments

Allowed

Cash exempted in bankruptcy

Up to $25,800 for individual or married couple

Notice to leave after house is sold

No special provisions for evictions following foreclosure. New owner will have to go to court to get an eviction order.

Foreclosure statutes

W. Va. Code §§ 38-1-3 to 38-1-15

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