West Virginia gives most borrowers 10 days to cure, and a trustee can sell with no lawsuit.
A trustee sale under a deed of trust, with no court involved. On a consumer loan the lender must first give you written notice of your right to cure and wait 10 days. The trustee then publishes a notice of sale once a week for two weeks and mails you a copy by certified mail. We found no statutory right to buy the home back after the sale, and the lender can still sue for any shortfall.
Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.
Each is a different statute.
When you first fell behind.
Local pace is the variable.
Past steps fade out.
FHA and VA add steps.
A tenant gets 90 days under federal law.
Four dates decide a West Virginia case. The notice of your right to cure, which starts a 10 day clock. The trustee’s notice of sale, published two weeks running and mailed to you. The sale itself. And the buyer’s court case to remove you, if you stay.
What West Virginia gives you
Rights that exist because the property is in West Virginia, whatever a servicer tells you on the phone.
Where to get real help, free
Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.
HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.
Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.
Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a West Virginia foreclosure attorney confirm anything that matters before you act.
Questions people ask about West Virginia foreclosure
Short answers, each one sourced to the statute cited on this page.
How long does foreclosure take in West Virginia?
A typical West Virginia trustee sale runs roughly 153 days from the first missed payment. The sale is advertised once a week for two successive weeks, and the lender must first give a notice of right to cure on most consumer loans. W. Va. Code 38-1-4 and 46A-2-106.
What is the right to cure in West Virginia?
On a consumer credit loan, once you have been in default five days the lender must send a notice of right to cure, and it may not accelerate or start foreclosure until 10 days after the notice is given. W. Va. Code 46A-2-106.
Is there redemption after a West Virginia trustee sale?
We found no statutory right to redeem after a trustee sale. A challenge based on a defective notice must be brought within one year of the sale. W. Va. Code 38-1-4a.
How long before West Virginia can sell my home for unpaid property taxes?
Taxes unpaid on real estate are listed each year, and after the sheriff certifies the parcel to the State Auditor it is sold at a tax lien auction. You can redeem until the auction by paying the taxes, interest and charges. W. Va. Code 11A-3-2, 11A-3-38 and 11A-3-47.
How much of a condo lien comes before my mortgage in West Virginia?
Six months of assessments can rank ahead of a first mortgage, and the lien expires after three years unless enforced. W. Va. Code 36B-3-116.