West Virginia Foreclosure Laws

August 25th, 2010

West Virginia does both judicial and non judicial foreclosures. As in most states where both options are available, the decision about the process will be used will depend on the language in the mortgage or deed of trust. If the “power of sale” clause is written into the document, then judicial foreclosure will be avoided because it moves quicker. Should such a clause not be written into the mortgage or deed of trust, then the foreclosure must go through the court system. Then it will take longer as well.

Barring such specifications, most out of court foreclosure proceed with a notice of sale being posted on the property itself and also on the front door of the courthouse for the county where the property is located. This posting of the notice must be presented to the owner/borrower and anyone holding a junior or subordinate lien on the property. These could include 2nd mortgages, 3rd mortgages or 4th mortgages. People with trust deeds attached to the property, mechanics liens etc…

In addition to the distribution of these notices of sale, the lender must advertise the sale of the property in a newspaper, in the county where the property is located. The ad must be run once a week for four weeks prior to the sale date. The time line for the notification of the home owner in trouble and the junior lien holders is 20 days prior to the sale.

The auction will be held as described in the notice of sale. It must be a public auction. This means of course, that anyone can bid for the property. Even the home owner or a friend or relative of the home owner etc.. can do this. The home will be awarded to the highest bidder. At the time the winning bid is achieved, the bidder must be prepared to pay one third of that winning bid in cash. This is an unusual requirement, but not unheard of. Some states require the entire purchase must be paid in cash, at the time the winning bid is announced.

In West Virginia, there is no right of redemption period. This is a time allowed in some states where the former home owner can regain ownership of the property by paying what was the winning bid price, plus some interest. But, in West Virginia, once the sale is over there is no turning back, the winning bidder does not need to worry that if they put more money into the place or move into it etc… that, that money and effort will be wasted. Conversely it means the original home owner had better do all they can to beat the clock so to speak, because once it is sold at auction, they are out of luck.

Offer Negotiation in West Virginia For Sale By Owner

July 11th, 2010

Selling your West Virginia home for sale by owner, is not an extremely difficult process. Much of the process can be completed with some research. One of the more difficult parts of the process, however, is the negotiation process. If you do not have experience in negotiating, especially when it comes to real estate, you could have a difficult time working out a deal that is in your favor. With the right knowledge and resources, the offer negotiation process will go just as smoothly as, if not more than, the rest of the process.

When you receive an offer from the home buyer, either the buyer himself will present it to you, or his attorney will. Once you receive the offer, you have a certain amount of time to review the offer. This time is known as the Attorney Review Period. Both you and the buyer are entitled to this review period.

While the Attorney Review Period can vary from one state to the next, it usually lasts three days. During these three days, you can cancel or amend the offer received from the buyer. If you choose to amend the offer, the buyer then has three days to cancel or amend the new version of the offer. If, at the end of the review period, you have not specified that you would like to cancel or amend the offer, it then becomes a contract and is legally binding.

Even though you are working without a real estate agent, the assistance of a real estate professional, like an attorney, is useful when you reach this stage of the process. In some cases, home offers include clauses that benefit the buyer. A real estate attorney is able to work with you to understand the terms and conditions listed in the offer. When you hire a real estate attorney, that person is responsible for ensuring that the offer you accept is one that is in your best interest.

Keep in mind there is more to the offer than the purchase price. The terms and conditions in the contract should be considered. Because of the language used in contracts, you may not completely understand the contract or its implication to the sale of the home. This is the primary reason that a real estate attorney is necessary. The buyer can create a contract leaving loopholes for him to back out in certain situations.