Foreclosure & Alternatives Law
How Can a Lender Foreclose on a Property in West Virginia?
Many West Virginia mortgages contain a power of sale clause which allows a lender to foreclose on a West Virginia property without court involvement if the borrower defaults on the loan secured by the property. An attorney must carry out the strict public notice and sale requirements for each foreclosure sale.
If the mortgage does not contain a power of sale clause then the lender must sue the borrower in court to obtain a judgment for foreclosure. Then, the property must be sold at a foreclosure sale after proper public notice has been served.