State Foreclosure Law

West Virginia Foreclosure Laws

West Virginia is a non-judicial trustee's sale state — the standard path for residential foreclosures using deeds of trust. The process is relatively fast…

Process

Non-Judicial

Out of court, under a power of sale §

Average Foreclosure Length

196 days

ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §

Homestead Exemption

$5,000

Automatic · the rule §

Deficiency Judgment

Allowed

Allowed §

37 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about West Virginia foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a West Virginia-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the West Virginia foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in West Virginia
10 National foreclosure guides
11 West Virginia distress data

Governing Statutes

Citation	Title	Covers
W. Va. Code § 38-1-1 et seq.	Deeds of Trust — Non-Judicial Foreclosure	Primary framework for non-judicial trustee's sale foreclosure of deeds of trust in West Virginia. Establishes the requirements for the Notice of Sale (two weekly newspaper ads + a copy sent to the borrower by certified mail), the trustee's sale by public auction, and post-sale procedures. The trustee conducts the sale under the power of sale clause in the deed of trust.
W. Va. Code § 38-1-4	Notice of Sale Requirements	Governs the notice requirements for non-judicial trustee's sale. Requires the Notice of Sale to be published as a Class II legal advertisement (once a week for 2 successive weeks in a qualified newspaper) and a copy sent to the borrower by certified mail at the address in the deed of trust; its 20-day certified-mail minimum applies to subordinate lienholders. Notice must describe the property, state the time, place, and terms of sale, and identify the trustee.
W. Va. Code §§ 38-1-3, 38-1-5, 38-1-8	Sale Procedures and Trustee's Duties	Governs the conduct of the trustee's sale. Sale is by public auction to the highest bidder, on the terms stated in the deed of trust or, if it states none, the statute's default payment terms. Trustee may adjourn the sale. Trustee must report the sale to the county clerk's office.
W. Va. Code § 38-1-7	Deficiency and Surplus After Sale	Governs how the trustee applies the sale proceeds and the lender's action for a deficiency. The trustee pays the expenses of the sale, including the trustee's commission, then the debts secured by the deed of trust, and pays any surplus to the grantor or the grantor's heirs, personal representatives, successors or assigns. In a deficiency suit after a sale conducted under the statute, the borrower cannot defend by arguing that the sale did not bring fair market value.
W. Va. Code § 38-9-1 et seq.	Homestead Exemption	Establishes a $5,000 homestead exemption for West Virginia residents. Protects that amount of equity in the homeowner's primary residence from forced sale by most judgment creditors. Does NOT protect against mortgage or deed of trust foreclosure. Automatically available to all residents without filing.

West Virginia Foreclosure Process and Your Rights

West Virginia uses non-judicial foreclosure. In West Virginia, foreclosures that finished in the second quarter of 2026 took an average of 196 days from the start of the foreclosure process to completion, according to ATTOM. §

Paying to stop the foreclosure: Where West Virginia's consumer credit law (W. Va. Code § 46A-2-106) applies to your loan, the lender may not accelerate the loan, start any action or demand, or take possession of the property because of a default until 10 days after giving you written notice of your right to cure. Until those 10 days run out, you can cure the default. The statute does not itself give a right to reinstate up to the sale date. The statutory right to cure does not apply once you have been in default three or more times on the same obligation and have been given notice of that three or more times, even if the earlier defaults were cured (W. Va. Code § 46A-2-106). §
After the sale: No post-sale redemption.
Homestead exemption: $5,000. West Virginia's homestead exemption protects up to $5,000 in value of a homestead from debts and liabilities, except debts incurred to buy the home or to build permanent improvements on it, and taxes due on it. In bankruptcy, a separate exemption protects up to $35,000 of a debtor's interest in a residence (W. Va. Code § 38-10-4). §
Mediation: West Virginia does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full West Virginia foreclosure guide →

Special Foreclosure Types in West Virginia

Beyond the standard non-judicial foreclosure process, West Virginia law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in West Virginia. §

The Uniform Common Interest Ownership Act (UCIOA, W. Va. Code § 36B-3-116) grants associations a lien for unpaid assessments with limited super-lien priority (up to 6 months of assessments may take priority over a first mortgage).

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in West Virginia. §

Tax liens on delinquent property are sold at the State Auditor's sale.

Lien Priority in West Virginia

Generally first in time, first in right. West Virginia recording statutes govern lien priority.

HOA/COA liens under UCIOA may have limited super-lien priority for up to 6 months of unpaid assessments. Consult a local attorney for specific lien priority questions.

Statute of Limitations in West Virginia

Mortgage Foreclosure

5 years §

Under W. Va. Code § 55-2-5, a lien created by a deed of trust or mortgage on real estate expires 5 years after the final maturity date of the loan, if that date can be determined from the lien instrument, unless a suit to enforce the lien is started before then or the lien is extended by a recorded affidavit, extension notice or amendment. If the final maturity date cannot be determined from the instrument, the lien expires 35 years after the date of the instrument. A lien in effect before July 1, 1998 is valid for 20 years after its stated maturity, or 35 years after the date of the instrument if no maturity date is stated.

Written Contracts

10 years §

Promissory Note

5 years §

For a negotiable note payable at a definite time, an action to enforce it must be started within 5 years after the due date, or within 5 years after the accelerated due date if the loan was accelerated.

Deficiency Judgment

Varies §

A deficiency judgment is sought in a civil action on the debt secured by the deed of trust (W. Va. Code § 38-1-7(b)). If that debt is a negotiable note payable at a definite time, an action to enforce it must generally be started within 5 years after the due date, or within 5 years after the accelerated due date if the loan was accelerated (W. Va. Code § 46-3-118(a)). Consult a local attorney.

Probate & Inheritance in West Virginia

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. West Virginia law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in West Virginia

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in West Virginia.

UDAP Statute

West Virginia Consumer Credit and Protection Act (CCPA) §

Creates civil remedies for specified violations, including actual damages and statutory penalties under W. Va. Code § 46A-5-101.

Foreclosure Rescue Fraud Laws

West Virginia CCPA broadly covers foreclosure rescue fraud.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

West Virginia Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No West Virginia-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

West Virginia professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in West Virginia

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Legal Aid of West Virginia

Free civil legal services for low-income West Virginians, including housing and foreclosure defense.
lawv.net →
⚖

Mountain State Justice, Inc.

Nonprofit legal services specializing in consumer protection, housing rights, and foreclosure defense.
mountainstatejustice.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in West Virginia. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in West Virginia →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

West Virginia Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
1-800-368-8808 →
📞

West Virginia Housing Development Fund (WVHDF)

State housing programs. The Homeowner Assistance Fund (HAF) is closed to new applications.
1-800-933-9843 →
📋

West Virginia State Bar Lawyer Referral Service

State bar lawyer referral service.
wvbar.org →

Find Help in West Virginia

We maintain a verified directory of free and low-cost help providers in West Virginia. All are government-approved or federally funded.

8 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 44 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 50 Debtor education providers Required post-filing debtor education courses

Browse all 103 providers in West Virginia →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including West Virginia.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

West Virginia Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to West Virginia homeowners:

Foreclosure Filings

National trend

National foreclosure filings. West Virginia mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).