West Virginia foreclosure

The West Virginia foreclosure process can be either judicial or non-judicial. If the lender inserted a power of sale clause in the Deed of Trust, then the non-judicial foreclosure process can be used.

Otherwise, the judicial foreclosure process will be used. To accomplish this, the lender will file a lawsuit of the county where the property is located. When the case comes up, the judge will decide how much you will need to pay in order to bring the loan current.

You will also be given some time to pay. If you don't pay in the time allowed, then the judge will allow the sale to go through. The sale will be conducted at the county courthouse and will be at auction to the highest bidder.

In cases where there is a power of sale clause in the Deed of Trust, the non-judicial foreclosure process will be used. If the power of sale clause lists the time, place and terms of the sale , then those terms are used.

If not, then the non-judicial foreclosure process is carried out in this manner:

1. 20 days before the sale is to take place, a notice of the sale must be posted on the door of the courthouse. It must also be posted in 3 other public places. This notice must list the names of the parties on the deed and the date of the deed and the recording information, the time and place of the sale and other terms of the sale and a description of the property.


2. At the same time, a copy of this notice must be served upon the borrower and other lien holders.


3. Once a week for 4 weeks, the notice must be placed as a class III legal ad in the newspaper of the county where the property is located.


4. The sale must be held in the time and place specified on the notice and must be to the highest bidder.