Foreclosure Process and Laws in West Virginia

Foreclosure laws in West Virginia specify how nonjudicial procedures work. The method will most likely be nonjudicial, although judicial foreclosures are also allowed. Both federal and state laws give you rights and protections throughout the foreclosure.

What Are My Foreclosure Rights in West Virginia?

Both federal and state laws govern foreclosure procedures in West Virginia, and your mortgage documents give you rights during the process.

Your Mortgage Rights in West Virginia

If you get a loan to buy a home in West Virginia, you'll likely sign two documents: a promissory note and a deed of trust.

• The promissory note is the document that contains your promise to repay the loan along with the repayment terms.
• The deed of trust is the document that gives the lender a security interest in the property and will probably include a power of sale clause. If you fail to make the payments, the power of sale clause gives the lender the right to sell the home nonjudicially to recoup the money it loaned you.

You also get rights under the deed of trust and promissory note. For example, if you're late making your monthly payment, most promissory notes provide a grace period of ten to fifteen days before you'll incur late charges. To find out the grace period in your situation and the amount of the late fee, review the promissory note or your monthly billing statement.

If you default on payments, most deeds of trust require the lender to send you a breach letter (a preforeclosure notice) before officially starting a foreclosure. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and go ahead with the foreclosure.

Your Rights Under Federal Foreclosure Laws

In most cases, federal mortgage servicing laws require the servicer to contact you (or attempt to contact you) by phone to discuss foreclosure alternatives, called "loss mitigation" options, no later than 36 days after a missed payment and again within 36 days after each following missed payment. (12 C.F.R. § 1024.39 (2025).)

No more than 45 days after a missed payment, the servicer must let you know in writing about loss mitigation options that could be available and assign personnel to help you. There are a couple of exceptions to these requirements, like if you file for bankruptcy or tell the servicer not to contact you under the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39) (2025).)

Federal law also generally requires the servicer to wait until the loan is over 120 days delinquent before officially starting a foreclosure. But in a few situations, like if you violate a due-on-sale clause or if the servicer is joining the foreclosure action of a superior or subordinate lienholder, the foreclosure can begin sooner. (12 C.F.R. § 1024.41 (2025).)

Protections If You're in the Military

If you're in the military, the federal Servicemembers Civil Relief Act provides certain legal protections against foreclosure.

Other Foreclosure Rights

In addition, you have the right to:

• find out about the foreclosure
• not be dual-tracked (where the lender pursues foreclosure while also evaluating you for a foreclosure alternative)
• get current on the loan
• redeem the home before the sale
• file for bankruptcy, and
• get the excess proceeds if the foreclosure sale results in surplus funds

What Are the Steps in the West Virginia Foreclosure Process?

Again, most foreclosures in West Virginia are nonjudicial.

Notice of the Foreclosure in West Virginia

Under West Virginia law, the lender has to personally deliver or mail a notice of default, which may be sent after you (the borrower) have been in default for five days, to your last known address. This notice gives you ten days to cure the default. But you’ll lose the right to cure after three defaults. (W. Va. Code § 46A-2-106 (2025).)

Notice of the Foreclosure Sale in West Virginia

The trustee has to send you a notice of sale by certified mail a reasonable amount of time before the sale takes place. (W. Va. Code § 38-1-4 (2025), Joy v. Chessie Employees Fed. Credit Union, 411 S.E.2d 261 (W.Va. 1991)). To learn what time frame is considered reasonable, you’ll want to confer with a foreclosure lawyer. In the Joy case, the court decided that 18 days was reasonable. Under West Virginia law, the notice is complete when the trustee mails the notice of sale, regardless of whether the mail is returned as refused or is undeliverable. (W.Va. Code § 38-1-4).

The trustee also has to publish a copy of the notice of sale in a newspaper, generally once a week for two weeks. (W. Va. Code § 38-1-4, § 59-3-2 (2025).) Then, the property is sold at a foreclosure sale.

Foreclosure Sales in West Virginia

The sale is an auction, open to all bidders. The lender bids on the property using a "credit bid" rather than bidding cash. With a credit bid, the lender gets a credit up to the amount of the borrower’s debt. The highest bidder at the sale becomes the new owner of the property.

What Are the Options Available for Borrowers During Foreclosure in West Virginia?

You might be able to prevent a foreclosure sale by reinstating the loan, redeeming the property before the sale, filing for bankruptcy, or working out a loss mitigation option, like a loan modification, short sale, or deed in lieu of foreclosure.

Right to Reinstate Before a Foreclosure Sale in West Virginia

“Reinstating” is when a borrower pays the overdue amount, plus fees and costs, to bring the loan current and stop a foreclosure. As discussed above, in West Virginia, the notice of default must give you ten days to cure the default and reinstate the loan. Again, you’ll lose the right to reinstate after three defaults. (W. Va. Code § 46A-2-106).

Your loan contract might also provide you with a right to reinstate. To find out if you get this right and the deadline to complete a reinstatement, read the deed of trust you signed when you took out the loan. You can also call your loan servicer and ask if the lender will let you reinstate.

Is There a Redemption Period After a Foreclosure Sale in West Virginia?

Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. West Virginia law, however, doesn’t provide a redemption period for foreclosed homeowners after a foreclosure sale.

You can, however, redeem your home by paying off the total loan balance before the sale.

Filing for Bankruptcy

If you're facing a foreclosure, you can stop a foreclosure sale immediately is by filing for bankruptcy. After you file for bankruptcy, an "automatic stay" goes into effect. The stay is as an injunction, prohibiting the lender from foreclosing on your home or otherwise trying to collect its debt, at least temporarily.

In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out the options available, speak with a local bankruptcy attorney.

Deficiency Judgment Following the Sale in West Virginia

Sometimes, a foreclosure sale doesn’t bring in enough money to pay off the full amount owed on the loan. The difference between the sale price and the total debt is called a “deficiency balance.” Many states allow the lender to get a personal judgment, called a “deficiency judgment,” for this amount against the borrower.

In West Virginia, the lender can get a deficiency judgment by filing a lawsuit after the nonjudicial foreclosure. (W. Va. Code § 38-1-7 (2025).)

Unlike some other states, West Virginia foreclosure laws say that a defendant in a civil action seeking a deficiency judgment on a debt secured by a deed of trust may not assert a defense that the property wasn't sold for its fair market value at a foreclosure sale. (W. Va. Code § 38-1-7 (2025).)

Getting Help from a West Virginia Foreclosure Lawyer

Foreclosure laws are complicated. Servicers and lenders sometimes make errors or forget steps. If you think your servicer or lender failed to complete a required step, made a mistake, or violated state or federal foreclosure laws, you might have a defense that could force a restart to the foreclosure. Or you might have leverage to work out an alternative.

Consider talking to a local foreclosure attorney or legal aid office immediately to learn about your rights. A lawyer can also tell you about different ways to avoid foreclosure. Likewise, a HUD-approved housing counselor can provide helpful information (at no cost) about various alternatives to foreclosure.