Thanks to a federal law, homeowners in West Virginia and every other state who are behind on mortgage payments normally get a breathing period of 120 days before a foreclosure can start. However, after the waiting period expires, the bank can foreclose using one of two methods allowed by West Virginia foreclosure laws: a judicial process that proceeds through the court system or a faster, less expensive nonjudicial foreclosure.
In this article, you’ll learn about these procedures and your rights as a homeowner.
120-Day Foreclosure Waiting Period
A bank or mortgage company can take your home through a foreclosure if you don’t make the monthly payments required by the loan contract. However, in most cases, federal law provides homeowners with a few months to work out a way to avoid losing the home before the foreclosure can begin.
Now, under most circumstances, the loan servicer can't officially initiate the foreclosure process until the payment is delinquent by more than 120 days. (12 C.F.R. § 1024.41 (2025).) This waiting period gives the borrower time to submit a loan workout or “loss mitigation” application. Federal law also requires the loan servicer to contact you to discuss foreclosure alternatives and let you know in writing what options might be available to you. (12 C.F.R. § 1024.39 (2025).) If approved, you might receive a loan modification or another option that will allow you to avoid a foreclosure altogether.
Even if the borrower doesn't submit a loss mitigation application before the foreclosure starts, so long as a complete application is submitted more than 37 days before a foreclosure sale, under federal law, the bank can't finish the foreclosure process until it evaluates the application. (12 C.F.R. § 1024.41 (2025).)
What Are the Different Types of Foreclosure in West Virginia?
In West Virginia, the bank can foreclose using either a judicial or nonjudicial process. Here’s a brief synopsis of each.
How Judicial Foreclosures Work
A bank opting to use the judicial foreclosure procedure will start by filing a lawsuit in the state court. The complaint will ask the court for permission to sell the property and use the proceeds to repay the loan.
If the borrower fails to answer the lawsuit, the bank will get a default judgment (an automatic win), and the sale will move forward. By contrast, if you file an answer asserting a defense, the court will decide the winner after reviewing all of the evidence.
How Nonjudicial Foreclosures Work
Courts don’t play a role in this kind of foreclosure. Instead, the bank must follow the procedures explained in state law. For instance, most states require the bank to mail the borrower a series of foreclosure notices. Once done, the bank can hold the sale.
Most foreclosures in West Virginia are nonjudicial because the process is simpler and cheaper than using the court system.
The Nonjudicial Foreclosure Process in West Virginia: Step-by-Step Guide
In West Virginia, a homeowner will receive two notices before losing the home to foreclosure. First, the bank must issue a notice of default. Then, a notice of sale must go out. The trustee will also publish the notice of sale in a newspaper.
Notice of Default in a West Virginia Foreclosure
The bank must personally deliver or mail a notice of default. (A mortgage “default” occurs when the borrower fails to comply with the loan terms, like by not making payments.) The notice gives the borrower ten days to “cure the default” (bring the account current). But under West Virginia law, a borrower loses the right to cure after three defaults. (W. Va. Code § 46A-2-106 (2025).)
Notice of Sale in a West Virginia Foreclosure
The trustee must mail the borrower a notice of sale within a reasonable amount of time before the foreclosure sale occurs. (See Joy v. Chessie Employees Fed. Credit Union, 411 S.E.2d 261 (W. Va. Ct. App. 1991), W. Va. Code § 38-1-4 (2025).) To learn what time frame is considered reasonable, you’ll want to confer with a foreclosure attorney.
Can the Lender Get a Deficiency Judgment Following a Nonjudicial Foreclosure in West Virginia?
If the sales proceeds received from the foreclosure sale aren’t sufficient to pay off the total debt owed, the bank can ask a court for a deficiency judgment. The judgment will allow the bank to collect the outstanding balance from the borrower. To get a deficiency judgment in West Virginia, the bank has to file a separate lawsuit once the nonjudicial foreclosure is complete. (W. Va. Code § 38-1-7 (2025).)
Different from many other states, West Virginia foreclosure laws say a defendant in a civil action seeking a deficiency judgment on a debt secured by a deed of trust may not assert a defense that the property wasn't sold for its fair market value at a foreclosure sale. (W. Va. Code § 38-1-7 (2025).)
If you find yourself facing a deficiency judgment, you might be able to discharge it (wipe it out) in bankruptcy. For further information, consult with a local bankruptcy attorney.
No Redemption Period After a West Virginia Foreclosure Sale
Some states let a foreclosed homeowner redeem the home after a foreclosure sale. In West Virginia, foreclosed homeowners don't get a redemption period after a nonjudicial foreclosure.
How to Find West Virginia's Foreclosure Laws
To find the law governing nonjudicial foreclosure in West Virginia, go to the West Virginia Code, sections 38-1-3 through 38-1-15. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consult with an attorney if you’re facing a foreclosure.