West Virginia

Foreclosure process in West Virginia

West Virginia foreclosures run by trustee sale, not court: two weeks of newspaper notice, certified mail, and a 10-day right to cure after default notice.

Checked on against the official sources listed at the bottom of the page.

In short

West Virginia foreclosures run through a deed of trust: a trustee sells the home at public auction without a lawsuit (W. Va. Code § 38-1-3). The trustee must publish notice for two successive weeks in a county newspaper and mail it to the owner by certified mail (§§ 38-1-4, 59-3-2). A lender must first give a 10-day notice of your right to cure a default (§ 46A-2-106).

Judicial or non-judicial?

Mostly non-judicial. When a loan is secured by a deed of trust and the borrower defaults, the trustee sells the property at public auction on the creditor’s request, after giving notice (§ 38-1-3). The statutes we read do not require the lender to sue or get a court order before the sale. Your deed of trust may add conditions that must be met first, and the trustee can sell only if “all other conditions precedent” in that deed have happened.

Timeline step by step

StepWhat the law saysSource
Missed paymentAfter a default of 5 days, the lender may send a written notice of your right to cure§ 46A-2-106
Right to cureThe lender may not accelerate the loan, start an action or take the collateral until 10 days after that notice. You may cure by paying all overdue sums plus delinquency charges§ 46A-2-106
Federal waitA servicer generally may not make the first foreclosure notice or filing until the loan is more than 120 days delinquent12 CFR 1024.41(f)
Notice of saleClass II legal ad: once a week for two successive weeks in a county newspaper, plus certified mail to the owner’s address in the deed of trust§§ 38-1-4, 59-3-2
Junior lienholdersCertified mail at least 20 days before the sale, if they gave notice of their lien§ 38-1-4
SalePublic auction by the trustee§ 38-1-3
After the saleProceeds go to costs, then debts, then any surplus to you§ 38-1-7

The right-to-cure rule applies to consumer loans, which include home loans secured by land (§ 46A-1-102). Section 38-1-4 sets no minimum number of days between the first ad and the sale for the owner. The notice must show the time and place, the parties, the deed’s date and recording book, the property and the terms of sale.

Right of redemption

The trust-deed sale statutes we read (§§ 38-1-3 to 38-1-7) set no period after the sale in which the former owner may buy the home back. Your chance to keep the home is before the sale: cure the default, work out a loan modification or other option with your servicer, or sell. Ask a West Virginia attorney whether other rights apply to your loan.

Deficiency judgments

If the sale does not cover the debt, the lender can seek a deficiency judgment. The statute says a borrower or guarantor sued for a deficiency may not argue that the sale price was below fair market value, as long as the sale followed the statute (§ 38-1-7(b)). If the sale brings more than the debt, the trustee pays the surplus to the grantor.

The trustee’s commission comes out of the proceeds first: 5% of the first $300 and 2% of the rest. On a hypothetical $200,000 sale, that is $15 plus $3,994, or $4,009, before the debt is paid. This is an example, not a forecast.

After the sale

A buyer at a trustee sale can end a residential tenancy under an unrecorded or later-recorded written lease with 90 days’ written notice, or 30 days before the lease expires if that is shorter. Month-to-month tenancies need 30 days (§ 38-1-16). Personal property left behind can be deemed abandoned after a 30-day written notice from the buyer (§ 38-1-17). Federal lead-paint disclosure does not apply to foreclosure sales (EPA). If you are a buyer, see seller disclosure and title insurance explained.

Help for homeowners in default

  • Your servicer. A complete application for a loan modification or other option received more than 37 days before the scheduled sale gets a written reply, generally within 30 days (CFPB, 12 CFR 1024.41).
  • West Virginia Housing Development Fund. Its mortgage assistance is for borrowers whose loan is through the Fund. Call 800-933-9843 or 304-391-8600 (as of October 2026). The Fund also links to HUD housing counseling and says to call 211 for other local help.

Frequently asked questions

Does a West Virginia foreclosure go through court?

Not for a deed-of-trust loan. The trustee sells the property at public auction after notice (§ 38-1-3).

How long does a foreclosure take?

No statute sets a total length. The fixed pieces are the 10-day cure notice, the federal 120-day wait and two weeks of newspaper notice.

Can I stop a foreclosure?

Before the sale you can cure the default, apply for a loan modification or sell. Applying more than 37 days before the sale gives you federal review rights.

Can the lender sue me after the sale?

Yes, for any shortfall. You cannot defend by saying the price was below market value (§ 38-1-7(b)).

Do I get the money if the home sells for more than I owe?

Yes. The trustee pays the surplus, after costs and debts, to the grantor or successors.

Compare with the other states: Foreclosure by state.

More West Virginia guides

Sources

West Virginia · All states · Federal guides