The certification required by this section shall substantially conform to the following language: A copy of the notice required by this section shall be: (i) Delivered or mailed to the last known address of any cosigner of the obligation in the manner set forth in this section unless the cosigner has waived in writing his or her right to receive copies of the notice: Provided, That a waiver of notice contained in the consumer credit sales agreement or consumer loan agreement does not constitute effective waiver of notice of the cosigner's right to receive notice of the consumer's default for purposes of this section (ii) retained by the creditor (iii) certified in the manner prescribed by this section by an officer or other authorized representative of such creditor and (iv) notarized by a person licensed as a notary under the laws of the State of West Virginia or any other state or territory of the United States. Notice shall be in writing and shall conspicuously state the name, address and telephone number of the creditor to whom payment or other performance is owed, a brief description of the transaction, the consumer's right to cure such default and the amount of payment and other required performance and date by which it must be paid or accomplished in order to cure the default. If given by mail, notice is given when it is deposited in a mailbox properly addressed and postage prepaid. Actual delivery of such notice to a consumer or delivery or mailing of same to the last known address of the consumer is sufficient for the purpose of this section.

Notice of consumer's right to cure default cure acceleration.Īfter a consumer has been in default on any installment obligation or any other secured obligation for five days for failure to make a scheduled payment or otherwise perform pursuant to such a consumer credit sale, consumer lease or consumer loan other than with respect to a covenant to provide insurance for or otherwise to protect and preserve the property covered by a security interest, the creditor may give him or her notice of such fact in the manner provided for herein. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT. View §46A-2-106 in new website CHAPTER 46A.

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