West Virginia law allows homeowners a $25,000 homestead exemption for the equity that they hold in their home. That means that the first $25,000 worth of equity cannot be recovered by unsecured creditors. Of course, if the homeowner is behind on his or her mortgage then the mortgage lender might be able to recover money from that $25,000 worth of equity.
Since unsecured creditors cannot collect from the $25,000 worth of equity, a West Virginia homeowner is likely to keep his or her home if the homeowner can continue making regular monthly mortgage payments and if the homeowner does not have substantially more than $25,000 in equity in the home. If the homeowner does have more than $25,000 worth of equity in the home then the home can be sold and after the mortgage has been paid and the $25,000 worth of equity has been provided to homeowner, the unsecured creditors could recover money.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified foreclosure lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local foreclosure attorney to discuss your specific legal situation.