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West Virginia Foreclosure Statute Laws

Judicial and non-judicial foreclosure is available in West Virginia. Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in West Virginia varies by process, but typically last 60 days. Right of Redemption and deficiency judgements are not allowed.

    • In West Virginia, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

      Power of Sale Foreclosure Guidelines & Procedures: 
  • The notice of sale must be posted on the front door of the courthouse for the county in which the property to be sold is located, and three (3) other public places, one of which must be the property itself, at least twenty (20) days prior to sale.
  • The notice must also be served upon the borrower and subordinate lien holders at least twenty (20) days prior to the foreclosure sale. 
  • Additionally, the notice must be published as a Class III legal advertisement in the county where the property is located once a week for four (4) weeks. 
  • Said notice must contain:
  • the time and place of the foreclosure sale,
  • the names of the parties to the deed,
  • the date of the deed, recording information,
  • a property description and
  • the terms of the sale.
  • The sale must be held at the time and place stated in the foreclosure notice and completed by public auction to the highest bidder.
  • Unless the deed specifies the terms of sale, the buyer must pay one-third (1/3) of the bid amount in cash at the sale.
    • Deficiency actions are generally not permitted in West Virginia and
    • There are no rights of redemption.

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