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West Virginia Foreclosure Timeline and Laws
| 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:
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West Virginia Foreclosure Avoidance Counseling -HUD
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The Home Affordable Mortgage Modification Program
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The Home Affordable Refinance Program
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The Home Affordable Foreclosure Alternatives Program
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FHA Secure
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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.
Legal Answers
- What happens if one bank starts a foreclosure then sells to another bank before foreclosure is complete?
- How long after foreclosure before you receives a 1099?
- What happens to other liens when foreclosure occurs?
- I own a duplex that is being foreclosed on and need the rental units vacated, what should I do?
- What to do if a lender in Florida is charging excessive mortgage and is preventing me to refinance?
