(b) With respect to this subsection:

1. (1) The phrase “consumer loan” shall mean a consumer loan secured by real property:

   1. (A) Originated by a bank or savings and loan association, or an affiliate, not solicited by an unaffiliated broker;
   2. (B) held by a federal home loan bank, the federal National Mortgage Association, the federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the West Virginia Housing Development Fund; or (C) insured or guaranteed by the Farmers Home Administration, the Veterans Administration or the Department of Housing and Urban Development.

2. (2) Except as provided in subdivision (3) of this subsection, the agreements that evidence a consumer loan may permit the recovery of the following charges:

   1. (A) Costs of publication;
   2. (B) an appraisal fee;
   3. (C) all costs incidental to a title examination including professional fees, expenses incident to travel and copies of real estate and tax records;
   4. (D) expenses incidental to notice made to lienholders and other parties and entities having an interest in the real property to be sold;
   5. (E) certified mailing costs; and (F) all fees and expenses incurred by a trustee incident to a pending trustee’s sale of the real property securing the consumer loan.

3. (3) For purposes of the charges expressly authorized by this subsection, no charge may be assessed and collected from a consumer unless:

   1. (A) Each charge is reasonable in its amount;
   2. (B) each charge is actually incurred by or on behalf of the holder of the consumer loan;
   3. (C) each charge is actually incurred after the last day allowed for cure of the consumer’s default pursuant to section one hundred six of this article and before the consumer reinstates the consumer loan or otherwise cures the default;
   4. (D) the holder of the consumer loan and the consumer have agreed to cancel any pending trustee’s sale or other foreclosure on the real property securing the consumer loan; and (E) in the case of an appraisal fee, no appraisal fee has been charged to the consumer within the preceding six months.

(d) At least once every twelve months, the holder or servicer of each consumer loan secured by real property against which the creditor assesses any default charge, and:

1. (1) Not serviced by the originating lender or its affiliate or their successors by merger;

2. (2) not held by a federal home loan bank, the federal National Mortgage Association, the federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the West Virginia Housing Development Fund; or (3) not insured or guaranteed by the Farmers Home Administration, the Veterans Administration, Department of Housing and Urban Development, shall transmit to the consumer an accounting of every default charge assessed within the previous twelve months, including the date, amount and nature of the cost.

   This subsection does not apply to delinquency charges permitted under sections one hundred twelve and one hundred thirteen, article three of this chapter; credit line over-the-limit fees; deferral charges permitted under section one hundred fourteen of said article; collateral protection insurance permitted under section one hundred nine-a of said article; and advances to pay taxes.