Finding Foreclosure Help in West Virginia

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Charleston Field Office

405 Capitol Street,
Suite 708
Charleston, WV 25301-1795

Phone: (304) 347-7000

Fax: (304) 347-7050

TTY: (304) 347-5332

Jurisdiction: State of West Virginia

Peter C. Minter
Field Office Director

Office Hours: 8:00 AM to 4:30 PM
Monday through Friday

West Virginia Foreclosure Laws Summary

Quick Facts:

• Judicial foreclosure process is available.
• Non-judicial foreclosure process is available.
• The primary security instruments are mortgages and deeds of trust.
• The timeline can vary by process, which typically takes 60 days.
• The borrower has no rights of redemption.
• The lender may not sue for deficiency judgements.

The judicial and non-judicial processes may be used to foreclose mortgages in default in West Virginia.

Judicial Foreclosure

This process is done when there is no power of sale clause present in a mortgage deal. This procedure is carried out by filing a lawsuit so that the court may issue an order to foreclose. Once this has been approved, the property may now be put up for sale at an auction.

Non-Judicial Foreclosure
This foreclosure process is used when a power of sale clause is present. This clause states that the lender may sell the property in the event of the borrower’s default. Either the lender or a trustee may sell the property but the guidelines stated in the “Power of Sale Foreclosure Guidelines” must be followed.

Power of Sale Foreclosure Guidelines
The non-judicial foreclosure process must be carried out as stated below if the power of sale clause does not specify how the foreclosure sale is to be done.

Notices of the upcoming sale must be posted in at least 4 public areas around the county. One place should be in the county courthouse, while another should be posted on the property itself. This must be done at least 20 days before the foreclosure sale is to take place. Additional copies of the notice must also be sent to the borrower and to lien holders.

The notice must also be published in the county newspaper as a Class III legal advertisement for 4 weeks before the sale.

Important information such as the names of the parties involved, a description of the property, time, place and date of sale and other terms must be indicated in the notice of sale.

The property must be sold at an auction at the time and place indicated in the notice of sale. The property will go to the highest bidder, who must pay at least 1/3 of the price in cash before he will be able to claim the property.

Borrowers have no rights of redemption and lenders may not sure for deficiency judgments in West Virginia.