Sellers who became the lender
A lot of West Virginia housing is older, modest in price or sitting on land with a complicated history, and that is the setting where sellers end up acting as the bank. A house in Charleston, Huntington, Parkersburg or Wheeling goes to a buyer with patchy credit. A manufactured home on a couple of acres in Raleigh or Mercer County is sold on payments. A hunting tract in Pocahontas or Randolph County is bought by someone from Ohio or Pennsylvania.
The Eastern Panhandle is its own market. Martinsburg, Charles Town and Shepherdstown sit within commuting range of Washington and Baltimore, and prices there behave more like suburban Maryland than like the southern coalfields. A note from Berkeley or Jefferson County and a note from McDowell County will get very different receptions from buyers. So will a note on property just over the line in Maryland or Virginia, where another state’s practice applies.
What is particular to a West Virginia file
The gap between what the payer owes and what a buyer will pay today grows with every question a buyer cannot answer from the file. Files from this state raise several of their own.
- Minerals. Coal, oil and gas rights were in many places sold off from the surface generations ago. A buyer wants to know what your deed of trust actually covers and whether anyone has a right to disturb the surface.
- Access. A home up a hollow may be reached by a shared lane that was never written into a deed. A buyer looks for a recorded right of way.
- Flood risk. In mountain country the level ground to build on is often beside a creek or river. A buyer checks the flood zone and whether the home is insured for it.
- The home’s title. A manufactured home may be titled like a vehicle, separate from the land. See mobile home notes for what that does to a sale.
- Old ownership. Land passed down without probate can leave heirs on the title who never signed the deed you received or the one you gave.
A note with one of these issues can still be sold. Each one answered in advance removes a reason for a buyer to bid low, and the payer’s record and equity in the property still carry the most weight. Tell us which of them apply to your property when you ask us to price the note.
The deed of trust and the trustee
In West Virginia the loan is commonly secured by a deed of trust. You hold the note, and a trustee named in the deed of trust holds a security interest in the property for you. If the payer defaults, the trustee can generally sell the property at a public sale without filing a lawsuit. That out-of-court trustee sale is the route commonly used, and a buyer treats it as a less expensive fallback than a court case would be. How a mortgage and a deed of trust differ has the background. What your own deed of trust permits is a question for a West Virginia attorney.
Papers that answer a buyer’s questions
Alongside the note, the recorded deed of trust and proof of the payments you have received, look for these:
- the deed by which you took the property, which shows any minerals held back by an earlier owner
- a recorded right of way or road agreement, if the home is reached across someone else’s land
- the title or certificate for a manufactured home
- the payer’s current insurance declarations page
The first two matter most, because minerals and access are questions a buyer cannot settle from the note and deed of trust alone. The home’s title and the insurance page have to come from you or the payer, so ask for those early.