Bill Text: WV HB2187 | 2020 | Regular Session | Introduced
Bill Title: Requiring that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - To House Judiciary [HB2187 Detail]
Download: West_Virginia-2020-HB2187-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 2187
By Delegate Sponaugle
[ Introduced January 9,
2019; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §38-12-4 of the Code of West Virginia, 1931, as amended, relating to requiring that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers where the lien is filed.
Be it enacted by the Legislature of West Virginia:
ARTICLE 12. RELEASE AND ASSIGNMENT OF LIENS.
§38-12-4. Form of release; recordation of assignment with release by assignee.
Releases and their acknowledgments may be substantially in form or effect as follows:
(a) In case of a mortgage or trust deed: I, A............... B..............., hereby release a mortgage (or trust deed) made by C............... D............... to me (or to E............... F..............., my trustee, or to ..............., and assigned to me) dated the ....... day of ........, recorded in the office of the clerk of the county court of ........ county, West Virginia, in trust deed book ........, page ........ (Or, in case the release is by the trustee, I, A............... B..............., hereby release a trust deed made by C............... D............... to me as trustee, for the benefit of E............... F..............., dated the ....... day of ........, recorded, etc., as in preceding form.) To be signed A............... B...............
Acknowledged before the subscriber, by A............... B..............., this ....... day of ........ (or, in case the release be by a corporation, acknowledged before the subscriber, by ..............., who signed the name of ..............., a corporation, thereto, this ....... day of ........, ........ recorded, etc., as in the preceding form.)
(To be signed) G............... H..............., a justice (or clerk of the county court, notary public, etc., as the case may be) of .......... county, West Virginia.
(b) In case of a lien for purchase money, reserved by conveyance:
I, A............... B..............., hereby release the right reserved to me in a conveyance executed by me (or myself and wife) to C............... D..............., dated the ....... day of ........ (Or, in case of an assignment, I, A............... B............... hereby release the right reserved by C............... D............... in a conveyance to E............... F..............., dated the ....... day of ........, ........, which right was assigned by the said C............... D............... to me, the ....... day of ........, ........ recorded, etc., as in the preceding form.) To be signed and acknowledged as above.
(c) In case of a judgment or decree: I, A............... B..............., hereby release a judgment (or decree) in my favor (or in favor of I............... K..............., which has been assigned to me; or in favor of I............... K............... for my use) against C............... D..............., for (stating the amount) with interest and costs recorded, etc., as in the preceding form, rendered by (stating the court by which, or the justice by whom, it was rendered, and the term or date at which it was rendered, to be signed and acknowledged as above.)
When such lien is released by the assignee thereof, the assignment thereof, whether of the lien or of the debt secured thereby, must be acknowledged in the same manner as the release, and recorded with such release: Provided, That if any such lien, or the debt secured thereby, shall have been assigned, the same may always be released by the assignee who receives satisfaction thereof, upon the assignor joining therein, without the recordation of the assignment as aforesaid.
NOTE: The purpose of this bill is to require that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers where the lien is filed.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
