Foreclosure & Alternatives Law

What Public Notice Requirements are There for a Real Estate Foreclosure in West Virginia?

Some West Virginia loan documents contain a power of sale that authorizes the lender to foreclose on a property without going to court. A power of sale may contain specific public notice requirements that must be honored. In the absence of specific public notice requirements, the lender must publish a Notice of Sale weekly for four consecutive weeks in the county newspaper as a class III legal advertisement. The Notice of Sale must also be posted at the court house, on the property being foreclosed and two other public places at least 29 days prior to the sale date.
If a judicial foreclosure is pursued then the filing of the lawsuit serves as public notice of the lender’s intent and the court may set additional public notice requirements.