A West Virginia DSCR loan is business-purpose financing on a 1-4 family rental, which can be secured by a trust deed whose trustee can sell the property after default under W. Va. Code 38-1-3.
West Virginia loans can use a deed of trust with a trustee sale, and the transfer excise stays off the loan itself. The deposit return deadline runs on two clocks, which matters when you turn units over quickly.
If you're financing a West Virginia rental that sits empty at closing, see how lenders count rent on a vacant rental.
How are rental property loans foreclosed in West Virginia?
West Virginia Code 38-1-3 requires the trustee in a trust deed given as security to sell the property when a secured creditor requires it after the debt is due.
- 38-1-3 is titled Sales under trust deeds.
Exception: Whether a judicial foreclosure is used in a given case was not confirmed here; ask the lender or a West Virginia attorney.
According to W. Va. Code 38-1-3, West Virginia Legislature, as of October 2026.
Does West Virginia's transfer tax apply to a deed of trust?
No. West Virginia's real estate transfer excise tax excludes mortgages or deeds of trust given as security for a debt from the documents it taxes, under W. Va. Code 11-22-1.
| Document | West Virginia rule |
|---|---|
| Deed transferring the property | State excise of $1.10 per $500, plus a county rate of 55 cents per $500 (up to $1.65 in some counties) |
| Deed of trust securing the loan | Excluded from the excise |
Exception: County rates vary. Get the full figure from the title company.
According to W. Va. Code Chapter 11, Article 22, West Virginia Legislature, as of October 2026.
What West Virginia landlord rules affect a rental property's numbers?
West Virginia requires a landlord to return a security deposit within the shorter of 60 days after the tenancy ends or 45 days after a new tenant occupies the unit, under W. Va. Code 37-6A-1 and 37-6A-2.
- An extra 15 days is allowed to itemize when a third-party contractor is needed.
- No cap on the deposit amount appears in the sections read.
Exception: Read the full article for permitted deductions before withholding any amount.
According to W. Va. Code Chapter 37, Article 6A, West Virginia Legislature, as of October 2026.
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Disclaimer
This page is general education about business-purpose real estate financing and state law as published by official sources on the date shown. It is not legal, tax or lending advice, not an offer to lend and not a rate quote. Laws and lender guidelines change; confirm current rules with the lender, the title company and your own attorney or tax adviser.