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West Virginia · What this letter means

West Virginia foreclosure letters and notices

The papers West Virginia homeowners receive, in the order they usually arrive. Each page uses the name on the West Virginia document, explains the deadline it starts under West Virginia law, and lists what to do this week.

  1. Step 1

    Notice of Consumer's Right to Cure Default

    On a consumer loan, West Virginia law says the lender cannot accelerate the loan or move against your home until 10 days after it gives you a written notice of your right to cure. Until then you can catch up by paying only the unpaid amounts due, without the whole loan being called due.

    What it means
  2. Step 2

    Notice of Trustee's Sale

    In West Virginia, the trustee under your deed of trust sells the home without a court case after publishing a notice of sale once a week for two weeks in a row and mailing you a copy by certified mail. The notice gives the time, place and terms of the sale. There is no right to buy the home back afterward, so act before the sale.

    What it means
  3. Step 3

    Trustee's Report of Sale (inventory and account of sale)

    After a West Virginia trustee's sale, the trustee must file an inventory and account of the sale with the county clerk within two months. For a home you lived in, it includes a disclosure form showing the sale price, the debt and the net amount applied to the loan. This is how you check whether there is surplus money that must be paid to you.

    What it means
  4. Step 4

    Unlawful detainer summons (after a trustee's sale)

    If you stay in the home after a West Virginia trustee's sale, the buyer can sue in circuit court to recover possession. The summons must be served at least 10 days before its return day. You can appear, plead not guilty and ask for a jury. These cases go ahead of other civil cases, so act the day you are served.

    What it means
  5. Step 5

    Notice to Redeem (tax lien sale)

    If the tax lien on your West Virginia property was sold, the buyer can ask the State Auditor to send you a Notice to Redeem. It shows the exact amount to pay and the date on or after which a tax deed can be made. You can redeem by paying the Auditor any time before the deed is issued, and in installments if the home is your primary residence.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in West Virginia.