West Virginia Code
W. Va. Code § 38-1-3 (2026)
Sales under trust deeds
✓ current as of May 2026
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ARTICLE 1. VENDOR\'S AND TRUST DEED LIENS.
§38-1-3. Sales under trust deeds.
The trustee in any trust deed given as security shall, whenever required by any creditor secured or any surety indemnified by the deed, or the assignee or personal representative of any such creditor or surety, after debt due to such creditor or for which such surety may be liable shall have become payable and default shall have been made in the payment thereof, or any part thereof, by the grantor or other person owing such debt, and if all other conditions precedent to sale by the trustee, as expressed in the trust deed, shall have happened, sell the property conveyed by the deed, or so much thereof as may be necessary, at public auction, having first given notice of such sale as prescribed in the following section.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1983–2024 · leading case: Lucas v. Fairbanks Capital Corp., 618 S.E.2d 488 (W. Va. 2005).
Lucas v. Fairbanks Capital Corp., 618 S.E.2d 488 (W. Va. 2005). “DAVIS, Justice: The Circuit Court of Lincoln County presents this Court with two certified questions involving sales under deeds of trust given as security for home mortgage loans under W. Va.Code § 38-1-3 (1923) (Repl. Vol. 1997).”
Nancy & Stjepan Sostaric v. Sally Marshall, 766 S.E.2d 396 (W. Va. 2014). “The present issue concerns a trustee foreclosure sale, which is set forth in W.Va. Code § 38-1-3 [1923]. It provides: The trustee in any trust deed given as security shall, whenever required by any creditor secured or any surety indemnified by the deed, or the assignee or…”
Wittenberg v. Wells Fargo Bank, N.A., 852 F. Supp. 2d 731 (N.D.W. Va. 2012). “In that same case, the Supreme Court of Appeals also held that “nothing in the language of W.Va.Code § 38-1-3 ... suggests] that a trustee has a duty to consider objections to the foreclosure sale.”
Fayette Cnty. Nat'l Bank v. Lilly, 484 S.E.2d 232 (W. Va. 1997). “The provision permitting a trustee to foreclose on real property is W.Va.Code § 38-1-3 (1985), which provides in relevant part: The trustee in any trust deed given as security shall, whenever required by any creditor secured .”
Dennison v. Jack, 304 S.E.2d 300 (W. Va. 1983). “W.Va.Code § 38-1-3 and 38-1-4 provide for the sale of property conveyed by a deed of trust after personal service of notice of the sale upon the defaulting grantor.”
In Re Bardell, 374 B.R. 588 (N.D.W. Va. 2007). “.’); Villers v. Wilson, 172 W.Va. 111 , 304 S.”
In Re Bardell, 361 B.R. 468 (Bankr. N.D.W. Va. 2007). “W. Va.Code § 38-1-3 (“The trustee in any trust deed given as security shall, whenever required .”
Nancy & Stjepan Sostaric v. Sally Marshall (W. Va. 2014). “, W. Va. Code § 38-1-3 ,1 instead choosing to leave in place the statutory law that has been in effect since 1923.”
Graves v. Elkins (S.D.W. Va 2024). “The “applicable law” incorporated into the Deed of Trust is, relevantly, West Virginia Code §§ 38-1-3 to -4.4 4 Plaintiff argues that PNC violated West Virginia Code § 46A-2- 106, which requires certain notices be provided to consumers and allows default to be cured by consumers.”
Laura Goddard v. Tyler Hockman & Emily A. Hockman (W. Va. 2022). “904 (1905) (emphasis added), and that the trustee’s fiduciary duties are circumscribed by the provisions of West Virginia Code § 38-1-3 (2011). 17 The statute provides that 16 See text infra.”
David v. Haywood (Bankr. N.D.W. Va. 2020). “W. Va. Code § 38-1-3 . Application of the sale proceeds is further regulated by the statute, and a failure to realize fair market value at a foreclosure sale is not a defense available to any interested party.”
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