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Foreclosure Laws in West Virginia
By: Kathy Swift

    West Virginia does both judicial and non judicial foreclosures. As in most states where both options are available, the decision about the process will be used will depend on the language in the mortgage or deed of trust. If the "power of sale" clause is written into the document, then judicial foreclosure will be avoided because it moves quicker. Should such a clause not be written into the mortgage or deed of trust, then the foreclosure must go through the court system. Then it will take longer as well.

In power of sale foreclosures, or non judicial, sometimes the language in the mortgage or deed of trust specifies the time, place and terms of the sale , then that is the procedure which will be followed.

Barring such specifications, most out of court foreclosure proceed with a notice of sale being posted on the property itself and also on the front door of the courthouse for the county where the property is located. This posting of the notice must be presented to the owner/borrower and anyone holding a junior or subordinate lien on the property. These could include 2nd mortgages, 3rd mortgages or 4th mortgages. People with trust deeds attached to the property, mechanics liens etc...

In addition to the distribution of these notices of sale, the lender must advertise the sale of the property in a newspaper, in the county where the property is located. The ad must be run once a week for four weeks prior to the sale date. The time line for the notification of the home owner in trouble and the junior lien holders is 20 days prior to the sale.

The auction will be held as described in the notice of sale. It must be a public auction. This means of course, that anyone can bid for the property. Even the home owner or a friend or relative of the home owner etc.. can do this. The home will be awarded to the highest bidder. At the time the winning bid is achieved, the bidder must be prepared to pay one third of that winning bid in cash. This is an unusual requirement, but not unheard of. Some states require the entire purchase must be paid in cash, at the time the winning bid is announced.

In West Virginia, there is no right of redemption period. This is a time allowed in some states where the former home owner can regain ownership of the property by paying what was the winning bid price, plus some interest. But, in West Virginia, once the sale is over there is no turning back, the winning bidder does not need to worry that if they put more money into the place or move into it etc... that, that money and effort will be wasted. Conversely it means the original home owner had better do all they can to beat the clock so to speak, because once it is sold at auction, they are out of luck.

Also in West Virginia deficiency judgments are not allowed. This is good news for the home owner or borrower. It means that if the property is sold at auction for less than is owed on the home, then the lender or lenders cannot pursue the borrower for the funds that were not generated by the sale.


West Virginia - Whitewater Rafting's Finest
By: Freddy Rodriguez

   Whitewater rafting in West Virginia has become the modern-day attraction of complete vacations that can include a world of activities, both on the river and off. The key component, of course, is still the marvelous whitewater that courses through the state's magnificent mountain scenery. West Virginia offers one of the broadest arrays of river experiences available anywhere in the world. But for many of today's visitors, that's just the beginning.

In the early days, rafting was novel and pretty simple. There were hardly any amenities near the rafting areas. Guests hit the rapids for a half day or full day of rafting and, when the fun was over, they drove back home that night or to a hotel miles away. But that didn’t stop them from coming back. They would share their wild adventures with friends and always bring them back with them. As the crowds grew, so did the facilities.

Today, it’s a whole different story. Guests can enjoy first-class facilities, amenities and numerous rafting options. Many locations in West Virginia offer many trips that appeal to just about anyone with different tastes for adventure. You can choose to take a historic pathway featuring historic commentary and views of mining ghost towns, take nature hikes and enjoy the wildlife, and adventure rafting.

Should you decide to take up the rapids make sure to wear proper clothing and safety equipment. Listen carefully to you guide’s instructions so that you can enjoy your trip safely. The services are excellent no matter what you choose to do. Most sites have picnic shelters, showers and dressing facilities and offer remarkable specialty food services for their visitors. It would be a good idea to carry a camera or video camera to capture the moments.

Nowadays you don't have to get up early in the morning, drive to the rapids, and head home tired and wet at the end of the day. You can usually find a wide selection of hotels and other accommodations nearby to rest in.

During the whitewater rafting season, which runs from April through October, raft companies provide special trips, discounts and programs. Many offer discounts for groups and most have specials for Mother's Day, Father's Day, Memorial Day, the Fourth of July and Labor Day. Plus don't forget West Virginia Day in June and Bridge Day (at the world-famous New River Gorge Bridge) in October!

The rafting industry has grown and improved in many ways. Most site are committed to the business and the environment in which they operate.

Wonderful vacations, high-quality services and attention to the details are the combination that makes rafting a great West Virginia venture. Discover for yourself what makes rafting in West Virginia the adventure that will keep you coming back!

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