How can I appeal a foreclosure decision?

In West Virginia, a homeowner may appeal a foreclosure decision by filing a motion for rehearing with the court that issued the foreclosure order. This motion must be made within twenty days of the foreclosure order being entered, or the homeowner may also petition the Supreme Court of Appeals of West Virginia for a writ of certiorari within thirty days of the order being issued. To file a motion for rehearing, the homeowner must include the reasons why they feel the foreclosure order should be reversed. This could include new evidence, failure of the lender to follow proper procedures, or any other potential grounds for reversal. The motion should also include any supporting documents such as legal briefs or affidavits. The court may then grant the motion and set aside the order, or the judge may deny the motion and reaffirm the foreclosure order. If a motion for rehearing is denied, the homeowner may still petition the Supreme Court of Appeals of West Virginia for a writ of certiorari. A writ of certiorari is an order that requires the lower court to provide its records and files for review by the Supreme Court. The Supreme Court may decide to hear the case, or it may deny the writ. If the writ is granted, the Supreme Court will review the records and decide whether the foreclosure order should be reversed. In any of these cases, it is important to seek out the advice of a professional attorney to ensure that the appeal is properly filed and all of the necessary evidence has been provided. A qualified attorney can help a homeowner understand their rights and the best way to proceed with their foreclosure defense.

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How can I appeal a foreclosure decision?

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