Foreclosure in West Virginia: your timeline, rights, and how to stop it
West Virginia uses a both (judicial & non-judicial) foreclosure process. Below is the typical timeline, the notices you should get, your cure and reinstatement options, and whether a lender can come after you for a shortfall — with every figure tied to a source. None of this is legal advice; confirm your own case with a HUD-approved counselor or a West Virginia attorney.
How fast foreclosure moves in West Virginia
Method: Both (judicial & non-judicial). West Virginia permits both judicial and non-judicial foreclosure. Non-judicial foreclosure is predominant and is conducted via power of sale clause in deed of trust pursuant to W.Va. Code § 38-1-3 et seq. Judicial foreclosure may also be used if provided in the mortgage or deed of trust.
Typical state-process time to sale: roughly 60–75 days once foreclosure starts. West Virginia non-judicial foreclosures typically take 60-90 days. Publication of notice of sale ranges from 30-60 days (once weekly for two consecutive weeks). Notice of sale must be mailed at least 18 days before sale (established in Joy v. Chessie Employees Federal Credit Union). Minimum timeline is approximately 4-5 weeks from notice of default through sale, per West Virginia Young Lawyers' Section. Federal law requires 120 days delinquency before servicer can file notice or foreclosure action.
Before any of this: Under Reg X (12 CFR 1024.41(f)), a servicer generally cannot make the first foreclosure filing until the borrower is more than 120 days delinquent. This applies in every state, on top of the state process below.
Cure, reinstate, redeem
Right to cure: Yes (10 days). W.Va. Code § 46A-2-106 provides borrower right to cure any default within 10 days after notice of default is sent by creditor. Cure must include all unpaid sums due, unpaid delinquency or deferral charges, and any other performance necessary to cure the default. Right is lost after three defaults on the same obligation and after three notices of default have been given.
Reinstatement: Yes (10 days). W.Va. Code § 46A-2-106. Borrower can reinstate the loan by paying all overdue amounts, fees, costs, and delinquency/deferral charges within 10 days of default notice. Any cure restores all rights under the loan agreement. This right is limited to three defaults on the same obligation.
Post-sale redemption: No. W.Va. Code § 38-1-6. West Virginia provides no statutory redemption period following a non-judicial foreclosure sale. Borrowers may only redeem their home by paying the full loan balance before the foreclosure sale occurs. No post-sale redemption is available.
Can a lender still come after you? (deficiency)
Deficiency judgment: Allowed in West Virginia. W.Va. Code § 38-1-7 permits deficiency judgments. A lender may file a lawsuit after nonjudicial foreclosure to recover any shortfall between the foreclosure sale price and the outstanding debt. Senate Bill 418 (effective June 11, 2015) amended § 38-1-7(b) to eliminate the borrower's defense that the property sold for less than fair market value. Defendants in deficiency actions may not assert that fair market value was not obtained at foreclosure sale.
Deadline: None
This is condition-specific (a primary residence or a purchase-money loan can change the answer). Confirm with a West Virginia attorney before assuming you are or aren't on the hook.
What you should receive — and where to get help
Notices: W.Va. Code § 38-1-4, § 46A-2-106, § 59-3-2. Lender must send notice of default after borrower is 5 days delinquent, giving 10 days to cure. Notice of sale must be mailed by certified mail at least 18 days before sale (per Joy v. Chessie, 411 S.E.2d 261 (W.Va. 1991), which established that 18 days constitutes reasonable notice). Notice of sale must be published as Class II legal advertisement once weekly for two consecutive weeks. Notice must be mailed to grantor and subordinate lienholders at least 20 days before sale. Notice is complete when mailed regardless of whether returned undelivered.
Mediation: Available. West Virginia Code provides pre-suit mediation as an option for civil disputes via SB 649. However, this is general civil mediation, not specific to foreclosures. Foreclosure-specific mediation programs and loss mitigation are available through federal mortgage servicer requirements (12 C.F.R. § 1024.39) which require servicers to contact borrowers by day 36 of delinquency regarding loss mitigation options and cease foreclosure while actively reviewing loss mitigation applications. HUD-certified housing counselors and organizations like RCCR provide foreclosure prevention counseling.
How we verified this West Virginia page
- West Virginia Code § 38-1-7 (Deficiency Judgments) — source
- West Virginia Code § 46A-2-106 (Right to Cure) — source
- Nolo: West Virginia Foreclosure Process — source
- AllLaw: West Virginia Foreclosure Laws — source
- West Virginia Young Lawyers' Section: Foreclosure from Creditors' Perspective — source
- Joy v. Chessie Employees Federal Credit Union, 411 S.E.2d 261 (W.Va. 1991) — source
- Senate Bill 418 Text (2015) — source
- West Virginia Code § 38-1-3 et seq. (Foreclosure Procedures) — source
- HUD West Virginia Foreclosure Resources — source
- Lawyers.com: West Virginia Deficiency Judgment Laws — source
Last reviewed 2026-06-08 by ForeclosureCalc editorial team. Foreclosure law changes; we re-check each state on a schedule. This page is general information, not legal advice for your situation — confirm with a HUD-approved housing counselor (free) or a licensed West Virginia attorney.