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West Virginia Judicial Foreclosure Available: Yes Non-judicial Foreclosure Available: Yes Although judicial foreclosure is available for
vendor's lien foreclosures. West Virginia uses the deed of trust almost
exclusively. Mortgages have largely disappeared. If there is a default under
the deed of trust, then the trustee must send out preliminary notices and
then sell the property when the lender so requests. Preliminary Notices Contents A notice of sale must contain the time and place
of the foreclosure sale, the names of the parties to the deed, the date of
the deed, recording information, a property description and the terms of the
sale. Advertising In pre-1980 deeds of trust the buyer may have
waived the right to published notice. Later deeds of trust must publish a
Class III legal advertisement countywide before the sale at least once a week
for four weeks. Posting The notice of sale must be posted at least 20 days
prior to sale on the front door of the courthouse for the county in which the
property to be sold is located, and in three other public places, one of
which must be the property to be foreclosed on. Service Unless expressly waived in the deed of trust, the
borrower must be served with a copy of the notice of foreclosure at least 20
days before the foreclosure sale. Mailing Notice of the foreclosure sale should be mailed to
the borrower and subordinate lien holders 20 days prior to sale. Sale Procedures Time and Place The time and place of sale are specified in the
foreclosure notice. Manner The sale is completed by public auction to the
highest bidder. Terms The deed may specify the terms of sale. Otherwise,
a buyer may pay one-third in cash at the sale, one-third a year later, and
one-third two years from the day of sale. Report A report of the sale must be filed with the clerk
of the county and recorded. Deficiency A lender can maintain a deficiency action only by
filing a separate lawsuit. However, if the lawsuit is filed to collect, the
deed of trust foreclosure must then be delayed during the lawsuit. Redemption There is no right to redeem after a deed of trust
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