W. Va. Code § 55-21-25
Effect of enforcement by mortgagee
West Virginia · West Virginia Code Chapter 55 — Actions, Suits and Arbitration; Judicial Sale · Status: effective
Cite this
- Citation
- W. Va. Code § 55-21-25, Effect of enforcement by mortgagee, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2391267
- Permanent ID
ys:prov:2391267@1- SHA-256
72fc0e8b53362d7907c131efa7ab7a97b7698d2531918c76aa585ee31faa9116
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(1) Make the mortgagee a mortgagee in possession of the real property;
(2) Make the mortgagee an agent of the owner;
(3) Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(4) Make the secured obligation unenforceable;
(5) Limit any right available to the mortgagee with respect to the secured obligation; or
(6) Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to law of this state other than this article governing or relating to a deficiency judgment.
(b) If a receiver sells receivership property that pursuant to §55-10-16(c) of this code is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of this state other than this article relating to a deficiency judgment.