West Virginia

West Virginia Code § 38-1-1. Non-Judicial foreclosure state.

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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?+

West Virginia is a relatively lender-friendly foreclosure state with limited statutory borrower protections. The primary protections are: (1) strict compliance with the deed of trust terms (if the lender/trustee deviates, the sale may be void), (2) fair value defense to deficiency (must be asserted in the deficiency action), and (3) West Virginia Housing Development Fund counseling resources. There is no mandatory mediation program and no post-sale redemption period. If you face foreclosure, contact a West Virginia foreclosure defense attorney promptly.

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