West Virginia Statutes
§ 38-9-6 — Waiver of exemption void
West Virginia § 38-9-6
This text of West Virginia § 38-9-6 (Waiver of exemption void) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 38-9-6 (2026).
Text
Any waiver of the rights conferred by this article shall be void and unenforceable except to the extent that (1) such waiver is accompanied by a consensual security interest in the property in which the homestead exemption is asserted and (2) such security interest cannot be satisfied without encroaching upon the homestead exemption so asserted.
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Legislative History
1974 Reg. Sess., SB158
Nearby Sections
15
§ 38-1-1
Vendor's lien; its enforcement§ 38-1-17
Personal property after foreclosure; notice and access to recover personal property; abandonment§ 38-1-1a
Deeds of trust conveying real and/or personal property; limitations on application of article§ 38-1-3
Sales under trust deeds§ 38-1-4
Notice of sale§ 38-1-5
Terms of saleCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 38-9-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/38-9-6.