June 18th, 2013
The petitioner asserts that the trial court correctly answered the following questions certified to this Court:
1. Is W.Va. Code § 38-1-4(a), which gives a borrower one year to challenge the validity of a foreclosure sale, and provides in applicable part that "no action or proceeding to set aside a trustee's sale . . . shall be filed or commenced more than one year from the date of the sale" applicable when counter-claims are asserted challenging the enforceability of the underlying mortgage loan agreement in response to an unlawful detainer action?
Answer: Yes.
2. Under W.Va. Code § 46A-5-101(a), which provides in applicable part that "[w]ith respect to violations arising from other consumer credit sales or consumer loans, no action pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement" (emphasis added), when does the statute of limitations begin to run: the date the applicable loan was accelerated and all amounts became due and payable; or, the projected date of the final installment payment of the executed loan agreement?
Answer: The date the applicable loan was accelerated and all amounts became due.
