West Virginia Deed of Trust Form

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West Virginia Deed of Trust Form

A West Virginia deed of trust transfers the title of a home buyer’s real estate to a trustee as security for a loan from a lender. When the debt is repaid, the property title will be transferred back to the borrower. If the borrower defaults on the loan, the trustee may foreclose on the property out of court to repay the lender.

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Last updated May 18th, 2025

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A West Virginia deed of trust transfers the title of a home buyer’s real estate to a trustee as security for a loan from a lender. When the debt is repaid, the property title will be transferred back to the borrower. If the borrower defaults on the loan, the trustee may foreclose on the property out of court to repay the lender.

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Trust deeds are submitted to the County Clerk’s Office for recording.[1] The document must be notarized and follow certain formatting standards[2]:

  • 8.5″ x 14″ paper
  • 10pt font size

Users should check with their local office to see if their county has other formatting requirements.

Power of Sale Clause

One advantage for lenders using a deed of trust is that they contain a “power of sale” clause, which allows for a non-judicial foreclosure on a defaulted loan. This eliminates certain legal expenses and expedites the foreclosure process.

Deed of Trust (Preview)

Sources

  1. § 40-1-9
  2. § 39-1-2, § 59-1-10, § 39-1-11