- Who sends it
- The creditor (your lender or servicer), by delivery or mail to your last known address, with a copy to any cosigner
- What it starts
- At least 10 days before the lender can accelerate the loan or start foreclosure
- Do this first
- Find the cure amount and date in the notice and pay or call before that date
What this document is in West Virginia
W. Va. Code § 46A-2-106 is titled "Notice of consumer's right to cure default; cure; acceleration." After you have been in default for five days on a scheduled payment, the creditor may send this notice. It must be in writing and must conspicuously state:
- The name, address and phone number of the creditor you owe.
- A brief description of the loan.
- Your right to cure the default.
- The amount you must pay, and the date by which you must pay it, to cure.
The creditor must keep a copy that is certified and notarized as mailed, and must send a copy to any cosigner. The West Virginia state file explains that most home mortgages from a regular lender fall within the law's definition of a consumer loan (W. Va. Code § 46A-1-102).
What it does and does not mean
- It is not a sale notice. A Notice of Trustee's Sale comes later.
- Until the cure period ends, you can cure "by tendering the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid delinquency or deferral charges." A cure restores you to all your rights under the loan as if there had been no default.
- If you have been in default three or more times on the same loan and were given notice three or more times, you lose this right to cure, even if you cured before.
- After the cure period, any right to catch up and stop a sale depends on your deed of trust and your servicer (West Virginia state file).
The deadline it starts and how to count it
The lender "may not accelerate maturity of the unpaid balance ... commence any action or demand or take possession of collateral on account of default until ten days after notice has been given." If the notice was mailed, it counts as given "when it is deposited in a mailbox properly addressed and postage prepaid." So count 10 calendar days from the mailing date, not the day you opened it. The cure date in the notice may be later; use whichever date the notice gives.
Federal rules also generally bar the first foreclosure notice or filing until you are more than 120 days behind (12 C.F.R. § 1024.41(f)).
What to do this week
- Write down the date on the notice and the postmark. Mark the cure date.
- If you can pay the amount shown, pay it before the date with a method the lender accepts, and keep proof.
- If you cannot pay, call the servicer and ask for a loss mitigation application. Send it back complete.
- If the amount looks wrong, write to the creditor at the address in the notice.
- Call Mountain State Justice at 304-344-3144 for free legal help with mortgage problems if you qualify.
- Read how to stop foreclosure in West Virginia.
State help and scam warnings
West Virginia's trustee sale process is one of the fastest, so this notice may be your longest warning. Legal Aid of West Virginia says it is "not able to assist with foreclosure issues" and refers people to Mountain State Justice. The State Bar's Lawyer Referral Service offers a first visit of up to 30 minutes for no more than $25. See the West Virginia foreclosure help page.
- Federal rules ban most mortgage relief companies from taking a fee before you sign a written deal with your lender (12 C.F.R. § 1015.5).
- Report a suspected scam to the West Virginia Attorney General's Consumer Protection Division.
The rest of the West Virginia process
See how foreclosure works in West Virginia, the timeline, ways to stop it and free help in West Virginia, or read the national guide to this letter.
Common questions
How long do I have to cure after a West Virginia right-to-cure notice?
The lender cannot accelerate or move against the home until 10 days after the notice is given, and a mailed notice is given when it is mailed (W. Va. Code § 46A-2-106). Use the cure date printed in your notice.
Do I have to pay the whole loan to cure in West Virginia?
No. During the cure period you pay the unpaid sums due, without acceleration, plus unpaid delinquency charges (W. Va. Code § 46A-2-106).
Why didn't I get a right-to-cure notice this time?
If you have been in default and given notice three or more times on the same loan, the law no longer gives you this right to cure (W. Va. Code § 46A-2-106). If this is your first or second default and no notice came, ask a lawyer.
Other West Virginia letters
- Notice of Trustee's SaleIn 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.
- 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.
- 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.
- 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.