West Virginia Redemption Rights — Reclaiming Your Property After Sale
Reinstatement before sale and statutory redemption after sale — your rights to keep or reclaim your home in West Virginia.
Pre-sale reinstatement vs. post-sale redemption
| Reinstatement | Redemption | |
|---|---|---|
| When | Before the foreclosure sale | After the foreclosure sale |
| Amount owed | Arrears + fees + costs | Full loan balance + fees + costs |
| Available in West Virginia | Yes — for covered consumer credit obligations, the creditor may not accelerate or commence action on account of default until ten days after notice of the right to cure; until that period expires, the consumer may cure by tendering all unpaid sums due (without acceleration) plus any unpaid delinquency or deferral charges and any other performance necessary — no statutory cure right for a consumer in default three or more times on the same obligation with notice given three or more times; any further reinstatement rights depend on the deed of trust or loan agreement §46A-2-106 | No |
| Effect | Loan continues as if no default | Property returned to borrower; sale reversed |
Reinstatement
West Virginia allows reinstatement — paying all past-due amounts, fees, and costs to bring the loan current and stop the foreclosure. The deadline to reinstate is for covered consumer credit obligations, the creditor may not accelerate or commence action on account of default until ten days after notice of the right to cure; until that period expires, the consumer may cure by tendering all unpaid sums due (without acceleration) plus any unpaid delinquency or deferral charges and any other performance necessary — no statutory cure right for a consumer in default three or more times on the same obligation with notice given three or more times; any further reinstatement rights depend on the deed of trust or loan agreement §46A-2-106.
No post-sale redemption
West Virginia does not provide a statutory right of redemption after the foreclosure sale. Once the sale is confirmed and the deed is transferred, the borrower's ownership interest is extinguished.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- Deadline: for covered consumer credit obligations, the creditor may not accelerate or commence action on account of default until ten days after notice of the right to cure; until that period expires, the consumer may cure by tendering all unpaid sums due (without acceleration) plus any unpaid delinquency or deferral charges and any other performance necessary — no statutory cure right for a consumer in default three or more times on the same obligation with notice given three or more times; any further reinstatement rights depend on the deed of trust or loan agreement