West Virginia Code § 38-1-4

Notice of sale
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Unless property is to be sold under a deed of trust executed and delivered prior to July 1,
1980, which contains a provision waiving the requirement of published notice, the trustee
shall publish a notice of a trustee's sale as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code, and the publication area for
such publication shall be the county where the property is located: Providede, That any notice
of sale published since July 1, 1980, and prior to the effective date of this section, shall be
deemed to have met the requirements of the section if such were publisrhed as Class II legal
advertisements, in compliance with the provisions of article three, chapter fifty-nine of this
code, in that by the enactment of the acts of the Legislature, regular session, 1980, the
Legislature intended that all notice of sales pursuant to trust deeds were to have been
published as Class II legal advertisements. t
Except as expressly provided in this section, no trust deed shall waive the requirements of
publication of notice required by this section.
In all cases, a copy of such notice shall be servsed on the grantor in such trust deed, or his
agent or personal representative, by certified mail, return receipt requested, directed to the
address shown by the grantors on the deed of trust or such other address given to the
beneficiary of said trust deed or saidg beneficiary's agent or assignee in writing by the said
grantor subsequent to the execution and delivery of the trust deed and notice shall be
deemed complete when such neotice is mailed to the aforesaid address, notwithstanding the
fact that such mail may be returned as refused or undeliverable and shall be served by
certified mail, at least twLenty days prior to the sale, upon any subordinate lienholder who
has previously notified the primary lienholder by certified mail of the existence of a
subordinate lien. Every trust deed shall state the address to which such notice shall be
mailed.
Every notice of sale by a trustee under a trust deed shall show the following particulars: (a)
TheW time and place of sale; (b) the names of the parties to the deed under which it will be
made; (c) the date of the deed; (d) the office and book in which it is recorded; (e) the
quantity and description of the land or other property or both conveyed thereby; and (f) the
terms of sale.
Notice to a subordinate lienholder shall be complete when such notice is mailed in
accordance with the provisions of this section, directed to the address of the subordinate
lienholder as provided by such subordinate lienholder in the notice of existence of a
subordinate lien.
The provisions of this section relating to the methods of serving notice are not exclusive. In
addition to, but not in lieu of, any service of notice required by the provisions of this section,
service of such notice may be also made by any other method authorized for the service of
original process in the circuit courts of this state by statute or by the rules of civil procedure
for trial courts of record.
An individual who purchases property at a trustee's sale is under no duty to ascertain
whether notice was given to subordinate lienholders in accordance with the provisions of
this section, and such right, title and interest as the purchaser may acquire shall not be
affected by defects in such notice or the service thereof, if the purchaser is otherwise a bona
fide purchaser for value.

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