H. B. 2323
(By Delegates Hunt and Faircloth)
[Introduced January 21, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one, chapter thirty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
two-c, 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
Be it enacted by the Legislature of West Virginia:
That article one, chapter thirty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
two-c, 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.