It offers the best protection for the grantee because it guarantees that the title is good and marketable. About Land Records and Deeds in Virginia Deeds, mortgage documents, easements, liens, powers of attorney, and other document recordings are managed by the Clerk of Circuit Court in each Virginia county. ARTICLE 1. Rights or claims of parties in possession not shown by the Public Records. The West Virginia Quit Claim Deed form is a useful method for registering an informal transferring of Property. Except as provided in this section, the clerk of the county commission of any county shall admit to record in the office of such clerk a copy of any contract, deed of trust, mortgage, lease, memorandum of lease, release, assignment, power of attorney or any other instrument or writing which has been certified by the clerk of the county commission of any other county of this state as being a true and correct copy and transcript from the records of said county. In case a proposed subdivision of any lot or parcel of land is situate within the corporate limits of any municipality, or abutting thereon, it shall be the duty of the owner, or owners, or his or their agent, to submit a plat or plan of such subdivision to the council or commissioners of such municipality, showing the street and alley connections that such subdivision makes with such municipality, and furnishing full information for the purpose of determining whether the proposed subdivision will impede or prevent the further development and extension of such municipality where such subdivision is situate. ARTICLE 6. Form of certificate of acknowledgment by attorney in fact. §38-1-14. 1. § 17.1-223. The certificate of acknowledgment of a corporation may be in form or effect as prescribed in section four of this article as far as the words "do certify" and thence as follows: do certify that .........., who signed the writing above (or hereto annexed), bearing date the .......... day of .........., 19....., for .......... (name of corporation), has this day in my said county, before me, acknowledged the said writing to be the act and deed of said corporation. If, except in those cases where such writing is recorded by photography or similar process producing exact facsimile copies, there appear upon such writing, or any paper or certificate annexed thereto, any interlineation, erasure, or alteration, of which no memorandum is contained in the writing, paper, or certificate, the clerk shall append to the record thereof a memorandum describing as accurately as may be such interlineation, erasure, or alteration; and such memorandum shall be copied into every such writing, paper, or certificate. §39-1-5. * Provide a legal description of the real property. In West Virginia, the Grantor Signing of this form must be done before two witnesses and must be Notarized. Real estate deeds that transfer property in West Virginia can be recorded to provide constructive notice of the transfer. When two or more documents relating to the same property are admitted to record in the same day, the one which was admitted to record first will have priority in respect to the property in such county. And you need a free deed form to point you in the right direction. This is even more apparent as we approach the holiday season when your home is a gathering place for loved ones. §39-1-15. All deeds recorded must also include a completed Sales Listing Form. It shall be as legal and effective in all respects to photographically record writings, plats and maps and the papers thereto annexed as if such writings, plats and maps and papers thereto annexed had been recorded by handwriting, or by the use of a typewriter, or by any other means useful for the purpose. Land Records are recorded and provided upon request as public records by a variety of local government offices at the local County, West Virginia State, and Federal levels. This document provides the basic information that needs be covered along with the Signature Lines for two Grantors and two Witnesses. (f) A document, plan, map, drawing, exhibit, sketch or pictorial representation altered by a person not licensed under the provisions of article thirteen-a, chapter thirty of this code, shall have the alteration initialed by a surveyor licensed under the provisions of article thirteen-a, chapter thirty of this code. If such owner, or owners, or his or their agent, upon having been so notified, shall fail to cause such plat or plan to be filed in such offices as aforesaid, such owner, or owners, or his or their agent, shall forfeit and pay the sum of $200 for each period of sixty days that shall elapse after such notification without such plat having been filed for record, such sum or sums to be recovered as debts of like amount are by law recoverable at the suit of any party, or parties, giving such notice. You are NOT on the recorder's website, you are on Deeds.com, a private website that is not affiliated with any government agency. Priority of residential refinance mortgage over subordinate mortgage § 55-59. West Virginia Land Records provide information about real estate and property in West Virginia. A warranty deed is the most common type of deed used in most purchase and sale transactions. To be valid, Virginia deeds must meet several important state-specific requirements: The deed must be an original or first-generation printed form. Notification to file plat for record. Beware of Using West Virginia Transfer on Death Deeds. Every such memorandum shall be prima facie evidence of what is stated therein: Provided, That the clerk of the county commission may refuse to accept for recordation any instrument printed on both sides of the paper or printed in whole or part in smaller than 10-point type with at least two points separating each line. The memorandum must be executed by all grantors under the deed of trust and acknowledged such that the conveyance can be recorded. The form should be signed with a notary public or two (2) witnesses per State requirements and the form may be processed by the County Court Clerk’s Office. Special recordation of writing not acknowledged or proved for regular recordation. In most cases deed documents are recorded in the County where the property is located. No certificate of acknowledgment, or other proof thereof, shall be necessary or prerequisite to the recordation of such plat, map or plan. The county court of any county may order the clerk of such county court to provide a book or series of books, to be entitled "Consolidation Order Book," in which such clerk shall record all real estate consolidation orders entered by the county court pursuant to section seventeen, article four, chapter eleven of this code, and likewise to provide an index therefor in which shall be entered pertinent index data consistent with the provisions of section two, article two of this chapter. Requirements for trustees § 55-58.2. Credit line deed of trust defined; relative priority of credit line deed of trust and other instruments of judgment § 55-58.3. west virginia code acts of the legislature wv constitution us constitution. §39-1-10. §39-1-4a. West Virginia recording law stipulates that it is a one-party consent state. Such acknowledgment may be taken at any place either within or outside of the United States of America, or any territory, possession or dependency thereof. ESTATES AND PROPERTY. Recorder information for West Virginia. The certificate of acknowledgment heretofore taken of a married woman to a deed or other writing conveying, or agreeing to sell and convey, real estate which was her sole and separate property, purporting to show that at the time of its execution and acknowledgment such married woman was living separate and apart from her husband, shall, in all cases where the validity of any such deed or other writing comes in question, be prima facie evidence of the facts therein stated. Nothing on this website should be considered a substitute for the advice of an attorney. The office is currently working to digitize the record books. That notice of the intent to record this corrective affidavit and a copy of this corrective affidavit was delivered to all parties to the deed, deed of trust, or mortgage being corrected pursuant to West Virginia Code §36-3-1 and that no objection to the recordation of this corrective affidavit was received within the applicable period of time as set forth in West Virginia Code §36-3-1. Deeds are provided for individuals, corporations, Limited Liability Companies and husband and wife. In most cases deed documents are recorded in the County where the property is located. Other requirements for admission to record of certain instruments. West Virginia Recording Law Summary: West Virginia recording law stipulates that it is a one-party consent state. Upon the request of any person interested therein, such clerk of the county court shall also admit any such writing to record, as to any person whose name is signed thereto, upon a certificate of his acknowledgment before the president of a county court, a justice of the peace, notary public, recorder, prothonotary or clerk of any court, within the United States, the Philippine Islands, Island of Puerto Rico, Territory of Alaska, Territory of Hawaii, or any other territory, possession or dependency of the United States, or a commissioner appointed within the same by the Governor of this state, written or annexed to the same; or upon a certificate so written or annexed under the official seal of any ambassador, minister plenipotentiary, minister resident, charge d'affaires, consul general, consul, deputy consul, vice consul, consular agent, vice consular agent, commercial agent, or vice commercial agent, appointed by the government of the United States to any foreign country, or of the proper officer of any court of record of such country, or of the mayor or other chief magistrate of any city, town or corporation therein, that such writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appointment, or before such court, mayor, or chief magistrate. The address and phone numbers are also usually included. §39-1-11. But notwithstanding such acknowledgment or proof, such clerk shall not admit to record any contract, deed, deed of trust, mortgage or other instrument that secures the payment of any debt, unless such contract, deed, deed of trust, mortgage, or other instrument sets forth therein who, at the time of the execution and delivery thereof, is the beneficial owner of the debt secured thereby, and where he resides: Provided, however, That in the case of a mortgage or a deed of trust securing an issue of negotiable notes or bonds exceeding five in number and payable to bearer, it shall not be necessary that the mortgage or deed of trust show who are the beneficial owners of such notes or bonds, but in such case such mortgage or deed of trust shall show the name and address of the person or corporation with or by whom the notes or bonds have been, or are to be, first negotiated. AUTHENTICATION AND RECORD OF WRITINGS. These real estate records provide information about land deeds and titles, grants, mortgages, and other important property data. ARTICLE 3. When certificate to be under official seal. Rules for exemptions can be found using the Transfer Tax Fees link on this page. The deed must be written in printed ink or typed ribbon copy and meet the general recording requirements. The Clerk of the County Commission serves as secretary to the commission and maintains official records. In West Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. To accomplish this goal, we strive to use the latest technology and take time with each and every individual in order to meet their needs. agency reports agency grant awards performance evaluations post audits. The deed on record cannot be changed. citizen’s guide internship program page program publications photo gallery capitol history how a bill becomes law. Form of certificate of acknowledgment. Upon the request of any person interested therein, the clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same to record as to any person whose name is signed thereto who is in the military service of the United States (including the Women's Army Auxiliary Corps, Women's Appointed Volunteers for Emergency Service, Army Nurse Corps, "Spars," Women's Reserve, or similar women's auxiliary unit officially connected with the military service of the United States) or who is the spouse of any one in the military service of the United States (including the aforesaid components and auxiliary units officially connected therewith), upon the certificate of acknowledgment of such person before any commissioned officer of any branch of the military service of the United States, or auxiliary unit officially connected with such military service. §39-1-1. All documents put to record must be acknowledged and contain a notary seal. § 55-58.1. All of this information must be legible. Recording Time Land records are recorded from 8 a.m. to 3:45 p.m. Recording Requirements - Effective July 1, 2017. ARTICLE 2. * At the end of the instrument, provide the name of the person who prepared the document. The Clerk has additional duties relating to voter registration, elections, deeds, wills & estates, vital records, UCC filings and other matters. * Any contract, deed, deed of trust, or any instrument which secures payment of a debt, must set forth at the time of execution and delivery thereof, the name and address of the beneficial owner of the debt secured by the instrument. (b) This section does not apply to any instrument executed prior to the effective date hereof; to any decree, order, judgment or writ of any court; to any will or death certificate; to any financing, continuation or termination statement permitted to be filed under chapter forty-six of this code; or to any instrument executed or acknowledged outside of this state. In Virginia, a deed transfer is only valid if certain requirements are met. (d) If a survey document, prepared by a licensed surveyor, has been altered from its original form, it shall not be filed with a county clerk or accepted by a public official of this state, until the original licensed surveyor has initialed the changes. 11A-2-10 ) Contact: County Tax Collector (Sec. Easements, or claims of easements, not shown by the Public Records. Approval by city council or commissioners prerequisite to laying out subdivision. 2) that the deed be signed and notarized. § 55.108. All deeds must be prepared by the owner of the property or by an attorney licensed to practice in Virginia. Standard Exceptions and Requirements Please identify the standard exceptions and requirements that are customarily used in your state. If any person shall in any case wilfully make any false certificate of acknowledgment, contrary to the true facts in the case, or shall certify the acknowledgment of any person whom he does not personally know to be the person whose name is signed to the writing acknowledged, he shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not more than $500, and imprisoned not more than sixty days, at the discretion of the court. If a document is notarized in West Virginia the document must have a "Prepared By" All documents to be recorded must be an original or certified copy; If more than one document is to be recorded please have them noticeably separated; Deeds of Trust must have a Trustee in West Virginia, and proper legal description with district Va. Code Ann. The three most common types of deeds used in Virginia are the trio most popular in the rest of the country: the general warranty deed, the special warranty deed and the quitclaim deed. A West Virginia warranty deed conveys real property with warranty covenants to the buyer. Warranty Deeds. ARTICLE 5. Every county in the state of West Virginia requires: 1) a fee for recording. All recorded deeds must be accompanied by a Sales Listing Form. How deed of trust construed; duties, rights, etc., of parties § 55-59.1. State of West Virginia. REVISED UNIFORM LAW ON NOTARIAL ACTS. §39-1-8. Acknowledgment of persons in the military service of the United States of America. It should be kept in mind that West Virginia Counties will … All deeds, deeds of trust, deeds of release, quitclaim deeds, grants, transfers, and mortgages of real estate or any addendum or memorandum relating to any of these instruments submitted for recordation in the deed books of the appropriate office of the clerk of court shall be prepared according to the requirements for deeds and deeds of trust as set forth in §§ 55.1-300 and 55.1-316, as applicable. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Administrative Recording Requirements. In West Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. Deeds recorded in West Virginia are subject to a transfer tax based on the purchase price (consideration) listed on the deed, or, if no consideration is listed, the fair market value of the property. According to West Virginia Code 59-1-10, the fee to record a deed of conveyance (with or without a plat) or a deed of trust is $25 for the first five pages and $1 for each additional page. Military and Overseas Voting Americans: Overseas Voting Application. While it is an attractive option on its face, there are hidden dangers within this planning tool in West Virginia. An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name)". LIENS. Every such contract and every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage conveying real estate, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, until it is admitted for record in the county where the property is situated. Power of attorney may be recorded. Marital State: No Trust State: Yes Mortgage State: No . Real estate deeds that transfer property in West Virginia can be recorded to provide constructive notice of the transfer. reports. §39-1-2a. The requirements are listed below in the code section. It’s common for a borrower to benefit in a transaction where the lender pays for a portion or the entirety of transfer expenses, including the title policy, taxes and recording costs. §39-1-13. The Clerk’s Land Records Office does not prepare deeds, advise on what type of deed fits your needs or have any deed forms. A power of attorney may be admitted to record in any county. ARTICLE 1A. Click here to read about e-Recording. However, the seller, or grantor, can use any type of deed that doesn't violate the law. (a) In addition to the other requirements prescribed by law, no instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded or admitted to record, or filed by the county clerk unless the name of the person who, and governmental agency, if any, which, prepared such instrument appears at the conclusion of such instrument and such name is either printed, typewritten, stamped, or signed in a legible manner: Provided, That the recording or filing of any instrument in violation of the provisions of this section shall not invalidate or cloud the title passing by or under such instrument or affect the validity of such instrument in any respect whatever, and such recorded or filed instrument shall constitute notice with like effect as if such instrument fully complied with the provisions of this section. (c) A survey document intended to be used in the transfer of real property, prepared by a licensed surveyor, and filed with a county clerk or accepted by a public official of this state shall have the licensed surveyor's signature and seal or stamp affixed thereto. A financing, continuation, or termination statement or other statement or writing permitted to be filed under chapter 46 of this code may, after the same ceases to be effective or lapses, as specified in said chapter 46, be removed from the files in the office of the clerk of the county commission or the Secretary of State, as the case may be, and destroyed. Every writing (except financing, continuation, and termination statements and other statements and writings permitted to be filed under chapter 46 of this code) authorized by law to be recorded, when admitted to record, shall, with all certificates of acknowledgment, and all plats, schedules, and other papers thereto annexed or thereon indorsed, be recorded by, or under the direction of, the clerk of the county commission, in a well-bound book, to be carefully preserved; and there shall be an index to such book as well in the name of the grantee as of the grantor: Provided, That the county commission may, in accordance with the provisions of §5A-8-15 of this code, authorize the clerk to scan, record, and make available online when determined to be financially feasible by the county commission all such writings and papers in electronic form rather than in well-bound books, not prepare in separate books an index of any type, and replace existing well-bound books by scanning them in an approved electronic format: Provided, however, That existing well-bound books be retained either on-site or off-site unless the provisions of §5A-8-15 of this code are followed: Provided further, That any documents in an electronic format are stored on a server off site, such as a cloud-based server, to retain a backup copy of electronic documents. If any writing which it is lawful for a clerk of the county court to admit to record, on proper acknowledgment or proof, has been or shall be lodged in his office, and has remained or shall remain therein six months without being acknowledged or proved so that it can be duly admitted to record, the clerk of the county court shall, for the preservation thereof, when required by any person interested, copy the same into a book separate from those in which writings properly acknowledged or proved are recorded, and keep an index to such book, as in the case of writings duly admitted to record. 2010 West Virginia Code CHAPTER 38. Such statements and writings filed in the office of the clerk of the county commission and such statements and writings filed in the office of the Secretary of State shall be indexed according to the name of the debtor and shall disclose the assigned file number and the address of the debtor given in the respective statement or writing. The only way to change a recorded deed is to have a new deed prepared and recorded in the Clerk’s Land Records Office. ; Deed: The legal instrument used to transfer title in real property from one person to another. Any certificate, return, form, statement, or other document which is required by the State of West Virginia, or any office, department or agency thereof, and which does not require an acknowledgment under this article or other laws of recordation of the State of West Virginia, may be verified by written declaration that it is made under the penalties of perjury and such declaration shall be in lieu of any oath otherwise required. Recording Requirements are subject to change at any time without notice. §39-1-7. False certificate of acknowledgment. §39-1-2b. The name should be printed, typewritten, or stamped in a legible manner. Recording or Filing Place – Generally, deeds should be recorded in the county in which the real estate is located. All deeds recorded in West Virginia are subject to an Excise Tax (Transfer Tax Fee). All deeds recorded in West Virginia are subject to an Excise Tax (Transfer Tax Fee). It requires an acknowledgement of the grantor’s signature. The date and hour of filing and the file number shall be noted on the statement or writing involved. This section does not apply to deeds, wills or to any instrument filed in accordance with chapter forty-six of this code. November 15th, 2017. All deeds and other writings admitted to record under chapter seventy-three of the Code of West Virginia of eighteen hundred and sixty-eight, are hereby declared to be as legal and valid as if the provisions of the ninth section of said chapter, and of all acts amendatory of … §39-1-2. ARTICLE 4. Terms Used In West Virginia Code 11A-3-59. §39-1-10a. U. S. Legal Forms™, Inc. provides West Virginia for all your needs, including warranty deeds, quitclaim deeds, special warranty deeds and others. It shall be the duty of the engineer in charge, or the owner, or owners, or the agent of the owner or owners, of any subdivision of land in this state to have permanent cornerstone monuments, of stone or concrete, not less than twenty-four inches in length by six inches square at the top, or not less than six inches in diameter, with proper centers, placed at the most important corners (where permanent corners do not already exist) so that there shall be not less than two permanent corners to each lot or block of any subdivision thereafter made, and the position of the same shall be indicated on the plan or map when finally filed for record. Beware of Using West Virginia Transfer on Death Deeds. §39-1-12. * A document must be signed by the grantor and acknowledged by the grantor, or proved by two witnesses before the clerk of the county court. In West Virginia, county tax collector's sell tax lien certificates to the winning bidders at the delinquent property tax sales. Acknowledgment by husband and wife. An instrument will be in compliance with this if it states "This instrument was prepared by (name)." ARTICLE 1. It requires an acknowledgement of the grantor’s signature. The words "creditors" and "purchasers" are not restricted to the protection of, and purchasers from, the grantor, but shall extend to embrace all creditors and purchasers who, but for the deed in writing, would have had title to the property conveyed or a right to subject it to their debts. However, the Library of Virginia offers access to microfilm copies of some West Virginia county records, such as deeds, wills, court papers, marriage bonds, "Free Negro" and slave records that record information about free and enslaved African Americans, and fiduciary records. educational. West Virginia Legislature's Office of Reference & Information. This fee is based upon the purchase price (consideration) listed on the deed, or, if no consideration is listed, it … When the state of West Virginia was established in 1863, its original local records were retained in the counties. West Virginia uses the standard exceptions. If you’re preparing a quitclaim deed form in West Virginia, you have to make sure that your deed has everything needed for its validity and certification or recording. When recording deeds, there is a Transfer Tax that must be paid, unless the property transfer is exempt. Real property records are maintained by the recorder in the County where the property is located. The Clerk’s duties include recording deeds, liens, births, marriages, deaths and other judgments, and to record and probate wills, other related probate documents and to assist in administration of estates. The deed should be written for the date when the consideration (money) exchanges hands with the Grantee (buyer). I. The goal of the Roane County Register of Deeds office is to serve recording and research needs of the public by providing excellent customer service that they deserve on a daily basis. Originals or certified copies may be recorded. The … Either the husband or the wife may sign and acknowledge the writing before the other has signed or acknowledged it. Requirements A deed must contain the names of the seller and buyer, also called the grantor and grantee, as well as their addresses. ELECTRONIC SIGNATURES AUTHORIZATION ACT. All acknowledgements by a Virginia notary must include their commission number, expiration date and a darkened seal. Duty to provide cornerstone monuments; acknowledgment or proof not necessary to recordation of plat. Conditions under which county clerk shall admit deeds, contracts, etc., to record. §39-1-17. Easements, or claims of easements, not shown by the Public Records. After being recorded, such writing may be delivered to the party entitled to claim under the same. The party or parties bringing such suit shall be entitled to one half of the amount so recovered and the other half shall go to the county fund of such county. When a husband and wife have signed a writing purporting to sell or convey real estate, the wife may acknowledge the same together with, or separately from her husband. ARTICLE 1. Recordation of writings and plats and papers annexed; index; interlineations; filing under Uniform Commercial Code. §38-1-14. Duty to record plat or plan of lots. These items are required by all Recorders who are members of the Pennsylvania Recorder of Deeds Association. Please use the deed calculation tool at www.courts.state.va.us for help in calculating your recording costs. §39-1-6. The West Virginia deeds grant title to property from one party to another. For deeds having no consideration, a Declaration of Consideration or Value is required. Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release. Real property records are maintained by the recorder in the County where the property is located. Procedural Requirements Name, Address, phone – The names of the grantor and the grantee should appear on the deed.

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