- Who sends it
- The trustee or substitute trustee under your deed of trust, by certified mail and newspaper ad
- What it starts
- A sale at the time and place in the notice, after two weeks of newspaper notice
- Do this first
- Call the trustee named in the notice and get a written reinstatement and payoff figure
What this document is in West Virginia
Under W. Va. Code § 38-1-3, when the lender asks, the trustee sells the home at public auction "having first given notice of such sale." W. Va. Code § 38-1-4 requires the trustee to publish the notice as a Class II legal advertisement in the county where the home is. A Class II ad runs "once a week for two successive weeks" (W. Va. Code § 59-3-2).
In every case, a copy must also be served on you by certified mail, return receipt requested, at the address in your deed of trust or a newer address you gave the lender in writing. Every notice of sale must show the time and place of sale, the names of the parties to the deed of trust, its date, where it is recorded, a description of the property, and the terms of sale (W. Va. Code § 38-1-4).
What it does and does not mean
- Notice by mail is complete when it is mailed to the right address, "notwithstanding the fact that such mail may be returned as refused or undeliverable" (W. Va. Code § 38-1-4). Not picking it up does not stop the sale.
- A deed of trust signed after July 1, 1980 cannot waive the newspaper notice.
- It is not an eviction. The buyer must go to court to remove you after the sale.
- There is no right of redemption after a West Virginia trustee's sale in the state files. Your chance to keep the home is before the auction.
The deadlines it starts and how to count them
- Newspaper notice: once a week for two successive weeks before the sale (W. Va. Code §§ 38-1-4, 59-3-2).
- Mailed notice: the statute requires certified mail to you but sets no minimum number of days before the sale for that mailing. The 20-day mailing rule in § 38-1-4 is for junior lienholders who asked for notice.
- Federal review: if a complete loss mitigation application reaches the servicer more than 37 days before the sale, it must be reviewed with a written decision within 30 days (12 C.F.R. § 1024.41(c)(1)). With only two weeks of ads, apply early.
- Challenges: if you were given the required notice, a lawsuit to set aside the sale for a notice or procedure problem must be filed within one year from the sale date (W. Va. Code § 38-1-4a).
What to do this week
- Find the sale date, time and place, and the trustee's name and phone number.
- Call the trustee. Ask in writing for a reinstatement figure and a payoff figure good through the sale date.
- Send any missing loss mitigation documents to your servicer and ask in writing to postpone the sale.
- Check the legal ads in your county paper for the notice and any change.
- If you never got a right-to-cure notice, or the ad did not run two weeks, call Mountain State Justice at 304-344-3144 the same day.
- Read how foreclosure works in West Virginia.
State help and scam warnings
Legal Aid of West Virginia does not take foreclosure cases and refers people to Mountain State Justice, which gives free legal help to low-income people with mortgage problems. The State Bar's Lawyer Referral Service offers a first 30-minute visit for no more than $25. See the West Virginia foreclosure help page.
- Sale ads are public. Be careful with anyone who asks for an upfront fee or asks you to sign over your deed.
- A complaint to the West Virginia Division of Financial Institutions about a servicer does not stop a sale.
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 is a West Virginia foreclosure sale advertised?
Once a week for two successive weeks in a qualified newspaper in the county, as a Class II legal advertisement (W. Va. Code §§ 38-1-4, 59-3-2).
My certified letter came back unclaimed. Can the West Virginia sale still happen?
Yes. W. Va. Code § 38-1-4 says mailed notice is complete when sent to the right address, even if it is returned as refused or undeliverable.
Can I buy my West Virginia home back after the trustee's sale?
The West Virginia state file found no right of redemption after a trustee's sale. Act before the auction.
How long do I have to challenge a West Virginia trustee's sale?
If you were given the required notice, a suit to set aside the sale for a notice or procedure failure must be filed within one year of the sale (W. Va. Code § 38-1-4a).
Other West Virginia letters
- Notice of Consumer's Right to Cure DefaultOn 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.
- 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.