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.
W. Va. Code § 38-9-6
Waiver of exemption void
Applied in 3 court decisions — leading case 179 W. Va. 447 - Orlando v. Finance One of West Virginia, Inc. (1988)
Most recently applied in Rockstone Capital, LLC v. Sanzo (July 2019)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.