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Foreclosure and tax sales in West Virginia

What our research shows about West Virginia's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22

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How foreclosure works

Usual process: Nonjudicial (out of court)
From a reputable summary[1][2]
Allowed processes: Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes: W. Va. Code § 46A-2-106; W. Va. Code § 38-1-4; W. Va. Code § 38-1-7
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
+At least 10 days
Notice of default / right to cure — at least 10 days before the next step
The lender gives a notice of default with ten days to cure. The right to reinstate is lost after three defaults.
From a reputable summary
Notice of sale (published / mailed)
The trustee mails the notice of sale a “reasonable time” before the sale and publishes it (a court has found 18 days reasonable). Notice is complete on mailing even if returned.
From a reputable summary
Foreclosure sale
From a reputable summary
No right to redeem after the sale
No redemption after a nonjudicial sale.
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: At least 10 daysThe lender gives a notice of default with ten days to cure. The right to reinstate is lost after three defaults.
W. Va. Code § 46A-2-106
From a reputable summary[1]
Notice of sale: The trustee mails the notice of sale a “reasonable time” before the sale and publishes it (a court has found 18 days reasonable). Notice is complete on mailing even if returned.
W. Va. Code § 38-1-4; Joy v. Chessie Employees FCU (1991)
From a reputable summary[1]
Publication: Newspaper publication of the sale notice.
From a reputable summary[1]
When sales happen: Not researched yet for this state.

Catching up (reinstatement): Within the 10-day cure period; lost after three defaults.
From a reputable summary[1][2]
Buying the home back (redemption): NoNo redemption after a nonjudicial sale.
From a reputable summary[1][2]
Owing money after the sale (deficiency): YesBy separate lawsuit.
W. Va. Code § 38-1-7
From a reputable summary[1][2]
Mediation: Not researched yet for this state.

Tax sale system: Tax deed sale
Delinquent property is certified to the State Auditor and sold at public auction by the deputy commissioner; the buyer gets a deed if you do not redeem first.
From a reputable summary[3]
How it works: Installments are delinquent Oct. 1 and April 1; unpaid property is certified to the Auditor after Oct. 31 and for auction from March 1.
From a reputable summary[3]
Redeeming after a tax sale: Before certification for auction, and after an auction until a tax deed is issued (paying taxes, charges and 1% a month).
W. Va. Code §§ 11A-3-38, 11A-3-56
From a reputable summary[3]
Relief programs: Not researched yet for this state.
Payment plans: Not researched yet for this state.
Surplus after a tax sale: Not researched yet for this state.

Federal exemption list: You may choose the federal list
You may choose the federal bankruptcy exemption list (11 U.S.C. § 522(d)) instead of the state list — one list or the other, never a mix.
From a reputable summary[4]
Homestead exemption: $5,000 (in bankruptcy: $35,000)$5,000 generally; $35,000 in bankruptcy.(W. Va. Code § 38-9-1)
From a reputable summary[5]

Free legal aid (LSC-funded): Legal Aid of West Virginia, Inc.
Checked against the official text[7]
Legal help website: Legal Aid of West Virginia
Checked against the official text[8]
State housing agency: West Virginia Housing Development Fund
Checked against the official text[6]
Attorney general / consumer protection: West Virginia Attorney General
Checked against the official text[9]
Court self-help: West Virginia Judiciary
Checked against the official text[10]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.