West Virginia
West Virginia Code § 38-1-1. Non-Judicial foreclosure state.
Judicial Type
Non-Judicial
Redemption
No statutory right of redemption after non-judicial trustee
Deficiency
Lender may pursue deficiency. Deficiency is limited to debt
Mediation
No mandatory statewide program. West Virginia Housing Develo
Statute Citation
W. Va. Code §§ 38-1-1 to 38-1-15
Redemption Period
No statutory right of redemption after non-judicial trustee sale. The sale is final. The borrower's equitable redemption right ends at the sale.
Deficiency Judgment Rule
Lender may pursue deficiency. Deficiency is limited to debt − fair market value. The borrower must assert the fair value defense in the deficiency action.
Notice Requirements
Notice of sale published and posted. Notice mailed to borrower. The deed of trust terms must be strictly followed.
Mediation Program
No mandatory statewide program. West Virginia Housing Development Fund provides foreclosure prevention counseling.
Key Provisions
- Non-judicial foreclosure under power of sale (standard)
- Trustee must follow the deed of trust terms strictly
- No post-sale redemption
- Fair value defense to deficiency
Homeowner Protections
- Fair value limitation on deficiency (must assert as defense)
- Strict compliance with deed of trust terms required
- West Virginia Housing Development Fund counseling
Frequently Asked Questions
What protections does West Virginia provide to homeowners?+
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