Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures in a general, and easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.
West Virginia foreclosure law refers to the legal framework that governs the process of foreclosure in the state of West Virginia. It outlines the rights and responsibilities of both the lenders and the borrowers when a mortgage loan is in default. Understanding West Virginia foreclosure law is crucial for homeowners, lenders, and any party involved in the foreclosure process. There are primarily two types of foreclosure processes in West Virginia: judicial foreclosure and non-judicial foreclosure. 1. Judicial Foreclosure: This is the most common type of foreclosure in West Virginia. It involves a lawsuit filed by the lender against the borrower to obtain a court order to foreclose the property. Under this process, the lender must demonstrate that the borrower has defaulted on the mortgage payments, and the court will oversee the foreclosure proceedings. The property is typically sold through a public auction, and the proceeds are used to pay off the outstanding loan balance. 2. Non-judicial Foreclosure: Non-judicial foreclosure, also known as a power of sale foreclosure, is an alternative foreclosure process available in West Virginia. It does not involve a court proceeding. Instead, the power of sale clause in the mortgage document allows the lender to sell the property without court intervention if the borrower defaults on the loan. However, strict procedures must be followed, including providing proper notice to the borrower and following specific timelines. The lender must also publish the foreclosure sale in local newspapers and conduct a public auction. Key provisions of West Virginia foreclosure law include: 1. Right to Cure: West Virginia law provides borrowers with the right to cure a default by paying off the delinquent amount within a specified timeframe, usually the earliest of 30 days or by the foreclosure sale date. This can halt the foreclosure process. 2. Notice Requirements: Both judicial and non-judicial foreclosures require lenders to provide borrowers with proper notice of the foreclosure proceedings. Notice must be sent via registered or certified mail and published in a newspaper with circulation in the county where the property is located. 3. Redemption Period: West Virginia law grants borrowers the right to redeem their property after a foreclosure sale. The redemption period typically lasts up to one year, during which the borrower can repurchase the property by paying the full amount owed, including auction fees, interest, and costs. 4. Deficiency Judgments: In certain cases where the foreclosure sale does not generate sufficient funds to cover the borrower's outstanding debt, West Virginia law allows the lender to pursue a deficiency judgment against the borrower. This permits the lender to seek a court order to collect the remaining balance from the borrower. It is essential for anyone involved in a foreclosure process in West Virginia to consult with a qualified attorney familiar with West Virginia foreclosure law. Laws and procedures can vary, and proper legal guidance ensures compliance with the relevant regulations while protecting the rights of the parties involved.
