WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 3428
By Delegate Holstein
[Introduced March 17, 2025; referred to the Committee on Government Organization]
A BILL to amend and reenact ยง39-1-2 of the Code of West Virginia, 1931, as amended, relating to authentication and recordation of writings; and requiring purchasers of real property to record their deed within three months upon closing of the transaction.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.
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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 in his or her office, as to any person whose name is signed thereto, when it shall have been acknowledged by him or her, or proved by two witnesses as to him or her, before such clerk of the county court.
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 or she 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.
Any purchaser of real property shall record the deed with the clerk of the county court pursuant to this article no later than three months upon the closing of the transaction.
NOTE: The purpose of this bill is to require purchaser of real property to record their deeds within three months of closing.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.