West Virginia

For homeowners facing foreclosure in West Virginia, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in West Virginia can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Utah can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

West Virginia law requires two foreclosure notices:

  • After the homeowner has been in default for five days, the bank will personally deliver or send a notice of default to the homeowner’s last known address.
  • A reasonable amount of time before the sale takes place, the trustee will send the homeowner a notice of sale by certified mail. Under West Virginia law, the notice is complete when the trustee sends the notice of sale, regardless of whether the notice is returned as refused or is undeliverable.
  • The trustee will also publish a copy of the notice of sale in a local newspaper in the county where the property is located, generally once a week for two weeks..

West Virginia Foreclosure Protections

West Virginia law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In West Virginia, the notice of default must give the homeowner ten days to cure the default and reinstate the loan. The homeowner loses the right to reinstate after three defaults.

West Virginia law does not permit foreclosed homeowners to redeem the home after a foreclosure.

Deficiency Law

In West Virginia, the bank can request a deficiency judgment by filing a lawsuit after the nonjudicial foreclosure.

Eviction Notice

In West Virginia, after giving notice to leave the home, the new homeowner can initiate an unlawful detainer eviction lawsuit against the foreclosed homeowners to evict them from the property. The buyer shall have a right to summary proceedings to obtain possession. For information regarding how to avoid foreclosure in West Virginia, visit HUD.gov.

West Virginia

For homeowners facing foreclosure in West Virginia, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in West Virginia can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Utah can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

West Virginia law requires two foreclosure notices:

  • After the homeowner has been in default for five days, the bank will personally deliver or send a notice of default to the homeowner’s last known address.
  • A reasonable amount of time before the sale takes place, the trustee will send the homeowner a notice of sale by certified mail. Under West Virginia law, the notice is complete when the trustee sends the notice of sale, regardless of whether the notice is returned as refused or is undeliverable.
  • The trustee will also publish a copy of the notice of sale in a local newspaper in the county where the property is located, generally once a week for two weeks..

West Virginia Foreclosure Protections

West Virginia law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In West Virginia, the notice of default must give the homeowner ten days to cure the default and reinstate the loan. The homeowner loses the right to reinstate after three defaults.

West Virginia law does not permit foreclosed homeowners to redeem the home after a foreclosure.

Deficiency Law

In West Virginia, the bank can request a deficiency judgment by filing a lawsuit after the nonjudicial foreclosure.

Eviction Notice

In West Virginia, after giving notice to leave the home, the new homeowner can initiate an unlawful detainer eviction lawsuit against the foreclosed homeowners to evict them from the property. The buyer shall have a right to summary proceedings to obtain possession. For information regarding how to avoid foreclosure in West Virginia, visit HUD.gov.

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