Loan Modification
reduce your monthly mortgage payment(s).

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Stop The Sheriff Sale
Stop the sale immediately and get a better payment.

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No Deficiency Judgments Walk away with cash in your pocket and no judgments.

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Foreclosure Evaluation & Ebook

  • Evaluate Your Situation (Form Below)

    Not many people know how to find the right solutions for their problem. This process will save time and answer many of your questions.

  • Explore All Possible Options

    After the evaluation, you will understand every possible option available for your exact situation. No more searching or worrying about finding a solution.

  • Avoid Further Loss or Judgments

    Regardless of what option you choose, our process takes every possible precaution to help you avoid further losses or deficiency judgments.

  • Recovery From Foreclosure

    Regardless of whether you keep your home, or walk away, we will take steps to help your credit and start the financial recovery.

  • Full Support & Accountability

    We take the problems of our visitors very seriously. We know your financial future is at risk and we pledge our full support to help you through these tough times.

West Virginia Foreclosure Laws

Expected Timeline: About two months
Security Instrument: Mortgage or Deed of Trust. Deed of trust most commonly used.
Type of Process: Judicial or nonjudicial. Nonjudicial most common.
Protections for Servicemembers: W. Va. Code § 11-21-61
Time to Respond: No specific time for notice is required under WV foreclosure law. Notice must be served within reasonable amount of time by publishing ans sending through registered mail.
Reinstatement Period: Homeowners may reinstate for ten days after being served with notice of right to cure.
Protections for High-Cost Mortgages: W. Va. Code § 38-1-14
Redemption Period: None.
Eviction Process: New owner will have to initiate lawsuit to get eviction order. This process may take two weeks to a month, depending on if former owners answer lawsuit or not.
Deficiency Judgments: Allowed.
Limits on Deficiency Judgments: Deficiency judgments are not allowed if the sales price is less than the amount of the indebtedness.
Cash Exempted in Bankruptcy: $25,000 for single person and married couple.
State Statutes: W. Va. Code § 38-1-3 to 38-1-15

West Virginia foreclosure law allows lenders to pursue either a Judicial or Non-Judicial Foreclosure process. If there is no power of sale clause in the original loan documents, the lender will have to use the Judicial Foreclosure procedures and sue the borrower in court to obtain an order to foreclose.

The Non-Judicial Foreclosure process may be used when the original loan documents contain a power of sale clause authorizing the lender to sell the property if the borrower defaults on the loan payments. If the clause specifies the time, place, and terms of the sale, then those details must be used to sell the property.

The notice of sale must be posted in four public locations, including one on the door of the county courthouse and another on the subject property. The notice must be posted no fewer than twenty-nine (29) days before the scheduled sale date. Publication of the notice of sale must be made in a local newspaper circulated in the county in which the property is located. The publication must run for four (4) consecutive weeks and be classified as a Class III legal advertisement.

The sale of the property is conducted as a public auction at the time and place listed in the notice of sale. The high bidder must make a deposit of one-third of the sale price with the trustee conducting the sale.

The borrower in West Virginia is not entitled to a redemption period, and the lender may not sue the borrower for a deficiency judgment if the sale price does not cover the loan balance due plus costs.