West Virginia Deed of Trust Form

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West Virginia Deed of Trust Form

A West Virginia deed of trust transfers a borrower’s real estate to a trustee as security to obtain a loan from a lender. When the debt is repaid, the borrower will be returned their property title. If the borrower defaults on the loan, the trustee may foreclose on the property out of court to repay the lender through a non-judicial foreclosure.

 

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Last updated May 2nd, 2025

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A West Virginia deed of trust transfers a borrower’s real estate to a trustee as security to obtain a loan from a lender. When the debt is repaid, the borrower will be returned their property title. If the borrower defaults on the loan, the trustee may foreclose on the property out of court to repay the lender through a non-judicial foreclosure.

 

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Trust deeds are submitted to the County Clerk’s Office for recording.[1] The document must be notarized and follow some 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 from conveyance instruments such as 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