West Virginia Foreclosure Laws

West Virginia Foreclosure Laws

authorWritten by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated

Key Takeaways

  • Most West Virginia foreclosures are out of court, through a trustee sale.
  • The lender cannot accelerate the loan until 10 days after notifying the borrower of the default.
  • The sale notice is published once a week for two weeks and mailed at least 20 days before the auction.
  • West Virginia has no redemption period, though the IRS as a lien holder has 120 days.

Foreclosure Process Overview

West Virginia foreclosures can be handled either in court or out of court.

Judicial Non Judicial Comment Process Period Publish Sale Redemption Period Sale/NTS
• Trustee Sale only 60-90 days 30-60 days None Trustee

Pre-foreclosure Period

In West Virginia, an out-of-court foreclosure process is most common. Before initiating the foreclosure process, the lender sends a letter to notify the borrower of the impending foreclosure. This letter also serves to inform the borrower of the option to pay off the default and stop the foreclosure proceedings.

According to state code, the lender can’t accelerate the loan (make the full loan balance due immediately) or take action to possess the property until 10 days following the letter to the borrower, although if a borrower has been notified of a default three or more times, he or she may not be able to stop the foreclosure by simply paying off the default amount. The borrower can pay off the entire loan balance and any applicable fees at any time prior to the pending sale of the property, causing the foreclosure process to terminate and the sale to be cancelled.

Notice of Sale / Auction

If the borrower doesn’t pay off the default amount during the pre-foreclosure period, the lender can schedule a public auction. The minimum requirement for an out-of-court foreclosure is that there be a publication of the sale notice once a week for two weeks, but sometimes the trust deed may require publication of up to four weeks. A minimum of 20 days before the scheduled auction, a copy of the notice of sale must be mailed to the borrower and junior lien holders.

Foreclosure sales in West Virginia are conducted as public auctions, and bids are usually a minimum of two thirds to three fourths of the estimated value of the property. The property is sold to the highest bidder at the auction, and a trustee’s deed transferring ownership to the purchaser is usually recorded within 30 days.

The state of West Virginia provides for no redemption period, but lenders may allow for a redemption period voluntarily. According to federal law, the IRS as a lien holder has a post-sale redemption period of 120 days.

Frequently Asked Questions

Is there a redemption period in West Virginia after foreclosure?

The state provides no redemption period, though lenders may allow one voluntarily. Under federal law, the IRS as a lien holder has 120 days after the sale.

Can you stop a foreclosure in West Virginia?

The borrower can pay off the entire loan balance and fees any time before the sale. Paying only the default may not work if notified of default three or more times.

Sources & References

Outside sources cited in this article.

  1. West Virginia Code §38-1-4: Notice of sale, West Virginia Legislature
  2. West Virginia Code §46A-2-106: Notice of consumer's right to cure default, West Virginia Legislature
Manuel Martinez

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.

More in Home Buying

Member Features

Find Real Estate Bargain!

  • Full foreclosure details

  • Home value, equity and ownership info

  • Find homes priced below market

  • Get full access with a FREE Account

Already a member?