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.
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Make the call.
Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.
“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.
Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.
Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.
Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.
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?
With no delays or disputes, a West Virginia trustee sale runs roughly 155 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, after five days in default the lender may 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?
The tax lien, not the home, is sold at an auction run by the State Auditor, typically after the tax has been delinquent about a year. You can redeem from the sheriff before the parcel is certified to the State Auditor on October 31, and from the Auditor until the auction. After the tax lien is sold you can still redeem until a tax deed is issued, by paying the sale amount plus 1 percent a month and the other statutory amounts. W. Va. Code 11A-3-2, 11A-3-56.
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.
Last verified: October 18, 2026. Every deadline and citation on this page was checked against West Virginia law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.