West Virginia Addresses Consumer Credit and Protection Act and Foreclosure Actions

West Virginia recently enacted two bills, Senate Bill 5 and Senate Bill 42, regarding the Consumer Credit and Protection Act and foreclosure actions, respectively.  Both bills take effect June 16, 2021.

Senate Bill 5 provides, among other things, criteria to evaluate reasonable attorney’s fees and expense awards to the consumer in an action under the act, as well as a unified mechanism for pre-suit notices of violation and offers to cure.

Senate Bill 42, among other things, authorizes a municipality in which a property is located to compel a foreclosure if a property has been determined to be unsafe, unsanitary, dangerous, or detrimental to the public safety of welfare.  A municipality may also compel foreclosure if the property is determined to be “vacant and abandoned” according to certain criteria established by the bill.