What is the foreclosure process for a government-backed loan?
In West Virginia, the foreclosure process for a government-backed loan is relatively similar to a standard foreclosure process. All loans, regardless of type, require a borrower to sign a deed of trust or mortgage that ultimately gives the lender a secured interest in the property. When a borrower defaults on the loan, the mortgage or deed of trust allows the lender to foreclose and take possession of the property. When a government-backed loan defaults in West Virginia, the lender must provide the borrower with written notices that the loan is in default. The lender must also file a complaint with a Circuit Court in the county where the property is located, requesting a foreclosure sale. The borrower must be served with a copy of the complaint, at which point they can begin engaging in foreclosure defense law. Foreclosure defense law can help the borrower to delay and potentially stop the foreclosure. They may be able to negotiate with the lender or participate in modification programs to make their loan payments more manageable. If they cannot negotiate a settlement, the lender will move forward with the foreclosure sale and the property will be sold to the highest bidder. After the foreclosure sale, the government-backed loan must still be paid off. If the sale does not cover the full amount of the loan, the remaining balance is called a deficiency. The lender may require the borrower to pay the deficiency or they may seek to collect it through other legal means. A foreclosure defense lawyer can help the borrower understand their options and defend them in court, if necessary.
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