W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-21
Rights of mortgagee or trustee.
Operative Text
Any mortgagee or trustee of the tenant's interest in such lands, or any part thereof, whether he be in possession of the lands or not, may, within twelve months after execution executed, pay the rent and all arrears, with interest and costs, or file a bill in equity for relief against such forfeiture; and thereupon may be relieved against it, on the same terms and conditions as the tenant of such lands or tenements would be entitled to.
West Virginia Code § 37-6-21 addresses situations where a tenant's leasehold interest has been mortgaged or placed in trust. Under this provision, the holder of that mortgage or deed of trust — regardless of whether they physically occupy the property — has up to twelve months from the date of a forfeiture execution to either pay overdue rent, interest, and costs, or seek equitable relief in court. If they do so, they may be relieved of the forfeiture on the same terms that would have been available to the tenant.
Plain English — not legal advice.
Under § 37-6-21, a landlord pursuing forfeiture of a leasehold should be aware that the tenant's mortgagee or trustee holds an independent right to cure the default or seek court relief within twelve months of execution. Compliant operators typically keep records of any known encumbrances on a tenant's leasehold interest, since a mortgagee or trustee stepping in to pay arrears and costs can effectively halt or reverse a forfeiture. Understanding this right helps property owners anticipate that a forfeiture action may not be final if a lienholder on the tenant's interest acts within the statutory window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If a tenant's leasehold interest is subject to a mortgage or deed of trust, § 37-6-21 provides that the mortgagee or trustee holds an independent right to intervene in a forfeiture proceeding — separate from the tenant's own rights. Tenants whose leasehold interests are encumbered may want to notify their mortgagee or trustee promptly if a forfeiture is executed, since that party has up to twelve months to pay arrears or file for equitable relief. Consulting a tenant-rights organization or legal aid provider can help clarify how this provision interacts with any other defenses or remedies that may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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