West Virginia Foreclosure Laws - Foreclosures in West Virginia

West Virginia Foreclosure Laws

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West Virginia Foreclosure is Judicial.

West Virginia foreclosure law requires suit to be filed and service on the debtor, who is then allowed sufficient time to answer the suit according to the procedure and rules. Thereafter, the mortgagee is free to schedule a hearing during which the court will typically enter an order authorizing the sale of the property by a special commissioner appointed by the court.

Notice of West Virginia Foreclosure Sale

The notice of sale is usually posted on the front door of the courthouse for the county in which the property to be sold is located, and in three (3) other public places, one of which must be the property itself, at least twenty (20) days prior to sale. The notice must also be served upon the borrower and subordinate lien holders at least twenty (20) days prior to the foreclosure sale.

The notice must also contain the time and place of the West Virginia foreclosure sale, the names of the parties to the deed, the date of the deed, recording information, a property description and the terms of the sale.

The West Virginia foreclosure sale must be held at the time and place stated in the foreclosure notice and completed by public auction to the highest bidder. Unless the deed specifies the terms of sale, the buyer must pay one-third (1/3) of the bid amount in cash at the sale.

West Virginia Foreclosure Deficiency Judgment

Deficiency actions are generally not permitted according to West Virginia foreclosure law.

Rights of Redemption

There are no rights of redemption in West Virginia.

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