Private Money Lending in West Virginia
West Virginia's private lending market is emerging, with activity in Charleston, Morgantown, and the Eastern Panhandle (commuter proximity to DC).
This guide covers the essential legal and compliance considerations for private money lenders originating loans secured by real property in West Virginia. Whether you are a local private money lender or expanding into West Virginia from another state, understanding these requirements is critical to protecting your investments and ensuring enforceability of your loan documents.
Key Compliance Considerations for West Virginia
• West Virginia uses deeds of trust and permits fast non-judicial foreclosure through trustee's sale in 60-90 days
• There is no usury limit for business-purpose loans in West Virginia
• The state has no right of redemption after a non-judicial trustee's sale
• West Virginia requires 20 days' notice to the borrower and publication before the trustee's sale
Generate West Virginia-Compliant Loan Documents
Automate Loan Docs generates complete, West Virginia-specific document packages that comply with all applicable state requirements. Every template is drafted by the attorneys at Geraci LLP, whose team has over 30 years of combined experience advising private money lenders across all 50 states — including extensive experience with West Virginia lending transactions.
This guide is for informational purposes only and does not constitute legal advice. Private lending laws are complex and change frequently. Consult with a qualified attorney before originating loans in West Virginia. The attorneys at Geraci LLP are available for state-specific legal consultation.
Related: Usury Laws by State | Deed of Trust vs Mortgage | Multi-State Lending Guide | Glossary