What is Foreclosure in Charleston, West Virginia?

Find the right Foreclosure Bankruptcy attorney in Charleston, WV

Foreclosure in Charleston, West Virginia is a legal proceeding which allows a mortgage lender to take ownership of the home that was used to secure the mortgage, in the event that the creditor defaults. Foreclosure normally requires the house to be sold at an auction. Normally, banks want to rid themselves of the property as soon as they can, in order to collect as much money as possible.

In all states in the United States, including West Virginia, foreclosure by judicial sale is an option. This allows the sale to be conducted under the supervision of a court, to ensure that the bank makes a good faith effort to get a fair price, and that the proceeds above and beyond the balance of the mortgage (if there are any) go back to the debtor. In some states, original mortgages are "non-recourse loans," meaning that the lender can only recover ownership of the house in the event of default. If the house is now worth less than the balance of the mortgage, the lender has to take the loss. You should speak with a Charleston, West Virginia lawyer to see if this state is one of them. However, it is almost always the case that this protection does not apply to loans which have been refinanced.

How Can I Avoid Foreclosure in West Virginia?

First, and most importantly, you should not ignore the issue. Failing to respond to foreclosure calls from your lender will not make a problem go away. You should stay in touch, and be straightforward with, your creditor as much as possible. It is important to remember that banks don't really want to own homes in Charleston. In issuing a mortgage, they expect to make a profit through interest on the loan, and they'd prefer to continue collecting from you. Therefore, they're likely to make reasonable accommodations to your financial situation if it will enable you to keep paying them in the long run.

If no deal can be worked out, or the mortgage payments have become prohibitive, you might consider a "short sale". While the lender has to consent to it, many will take a moderate loss if it means avoiding foreclosure (which lenders typically treat as a last resort). This allows you to sell the house for whatever price it can fetch on the current market, and hand the proceeds over to the bank. If the sale nets less than the balance, some or all of the deficiency might be forgiven. You may also consider a "short refinance" which allows a chunk of the debt to be forgiven, and lets you refinance the rest.

How Can A Charleston, West Virginia Attorney Help?

If you are faced with the possibility of foreclosure in Charleston, West Virginia, an attorney might be able to help. At the very least, he or she can advise you of your legal options.

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Life in Charleston

Charleston is the capital of West Virginia. Per the 2010 census, it has a population of 51,400 people. Surrounding areas include the rest of Kanawha County, Elk River, and Kanawha River.

Top employers include Appalachian Power, Mountaineer Gas Company, Charleston Stamping and Manufacturing, MATRIC, NiSource Gas Transmission Storage, Walker Machinery, West Virginia-American Water Company, and Frontier Communication. To support such large corporations, the legal force in Charleston is well-equipped with many attorneys who are familiar with business law. Further, the legal force is also capable of handling the needs of local residents.

Famous past residents include Jean Carson, Conchata Ferrell, Allison Hayes, Ann Magnuson, Randy Moss, Leslie Nielsen, Jerry West, Jason Williams, and Booker T. Washington.

When next in Charleston, be sure to check out popular attractions such as the Avampato Discovery Museum, Sunrise Museum, the Capitol Theater, South Charleston Museum, Appalachian Power Park, Danner Meadow Park, Coonskin Park, Ruffner Park and Shawnee Park.

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