West Virginia Foreclosure Timeline and Laws

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Judicial Yes
Non Judicial Yes
Primary Security Deed of Trust, Mortgage
Timeline 60 Days Usually
Redemption No
Notice Publication
Deficiency Judgment No

 

 

West Virginia Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

West Virginia foreclosures are conducted by non-judicial foreclosure proceeding.  A judicial foreclosure proceeding may also be conducted.

 Notice Requirements for Foreclosure in West Virginia

Prior to initiating a foreclosure, a notice of foreclosure must be advertised as a Class II legal advertisement at least once a week for two successive weeks in a newspaper of general circulation in the county where the property is located, posted at the courthouse and three other public places at least 20 days prior to the sale and served on the borrower and junior lien holders.  The notice must contain the date, time and place of sale, the parties to the deed, the date of the deed, office and book where recorded, the quantity of land and sale terms.

West Virginia Deficiency and Anti-Deficiency Laws

No deficiency judgment is allowed.

West Virginia Redemption Rights

West Virginia has no post-sale statutory right of redemption.

West Virginia Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

  • West Virginia Foreclosure Avoidance Counseling -HUD
  • The Home Affordable Mortgage Modification Program
  • The Home Affordable Refinance Program
  • The Home Affordable Foreclosure Alternatives Program
  • FHA Secure
  • Hope for Homeowners

Foreclosure Lawyer

West Virginia foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.   

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