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Introduced Version House Bill 2474 History

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hb2474 intr
H. B. 2474


(By Delegate Hunt)

[Introduced February 17, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39-1-2c, relating to preventing the recordation of fraudulent deeds; duty of notification by the clerk of the county commission of each county; allowing collection of a fee to cover costs.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §39-1-2c, to read as follows:

ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.

§39-1-2c. Notice of transfer to current owner.

For the purpose of effectuating the intents and purposes of the "Uniform Fraudulent Transfer Act," and of this article, the clerk of the county commission of any county who admits to record a transfer of real property, by deed or otherwise, must notify the
current holder of record title of the transfer within five days by United States first class mail. A fee for this duty shall be charged to the party recording the transfer of property in the amount of five dollars.



NOTE: The purpose of this bill is to prevent the recording of fraudulent deeds, obviating the likelihood that a property owner will have claims against the title to real estate created without his or her knowledge. The bill requires clerks of county commissions to notify the current owner of record by mail whenever a transfer of title to real property is recorded. The bill allows the clerks to charge a fee to the recording party to cover expenses of this duty.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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