Enter the dates from your foreclosure papers and see how much time you have — and what to do next.
An estimate for planning, not legal advice — timelines can vary by county and case. Confirm every date with your papers, the court, or your attorney. Free help: find a HUD-approved housing counselor.
West Virginia uses a nonjudicial foreclosure process. Key dates come from your own papers — enter them above for your exact timeline.
Statutory right to cure under the WV Consumer Credit and Protection Act: after 5+ days in default, the creditor must give written notice of the right to cure; the homeowner then has 10 days after notice is given to pay all unpaid sums plus delinquency charges (no acceleration) and fully reinstate. Lost after 3 or more defaults with cure notices on the same loan. Separate contractual reinstatement rights in the deed of trust may still apply. W. Va. Code §46A-2-106 (statute text verified)
Before the sale: Until the trustee's sale is held, the equitable right of redemption remains — pay off the entire loan balance plus costs and stop the foreclosure. Within the §46A-2-106 cure window, reinstate by paying only the arrears.
After the sale: NONE. West Virginia provides no statutory post-sale right of redemption after a trustee (deed of trust) foreclosure sale. W. Va. Code §38-1-3 et seq. (no post-sale redemption provision) · https://www.alllaw.com/articles/nolo/foreclosure/west-virginia-foreclosure-laws.html
The owner can sell the home (or refinance/pay off) and keep the equity at any time up until the trustee's foreclosure sale is actually held — including during the 10-day cure window and the 20-day notice-of-sale period. After the auction there is no redemption; surplus proceeds above the debt and costs belong to the owner/junior lienholders.
Want the fuller picture beyond the dates? Read the West Virginia foreclosure guide — timeline, rights & options.
Since 2022 (SB 552), delinquent-tax lien sales are run by the State Auditor, not county sheriffs. The owner may redeem AT ANY TIME BEFORE A TAX DEED IS ISSUED by paying the Auditor the taxes, interest (1%/month), charges, and the purchaser's statutory costs (§11A-3-56, text verified). WARNING: the old ~18-month window was SHORTENED — the tax lien certificate lasts at most 18 months (§11A-3-18) and the Auditor's notice to redeem need only come at least 45 days before a deed may issue, so act on any notice immediately. W. Va. Code §11A-3-56; W. Va. Code §11A-3-18; 2022 W. Va. Acts SB 552
PRACTITIONER ESTIMATE (not statutory): most WV residential foreclosures are nonjudicial trustee sales. Federal rules require 120+ days of delinquency before starting; then cure notice (10-day window), then notice of sale with 20-day mailing and 2 weeks of publication. Roughly 5-8 months total from first missed payment to sale, sometimes as fast as ~60-90 days after the process formally starts. (Practitioner estimate, not a statute.)
If your mortgage predates your military service, the federal SCRA generally requires a court order to foreclose during active duty and for 12 months after (50 U.S.C. §3953). These protections must be raised — tell the court and your counselor.