H. B. 4459


(By Mr. Speaker, (Mr. Kiss))
[Introduced February 8, 2006; 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 §44-14-6, relating to providing a statute of limitations for sales by a substitute trustee.

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 §44-14-6, to read as follows:
ARTICLE 14. SUBSTITUTION OF TRUSTEES; POWERS OF SURVIVING OR REMAINING TRUSTEES.

§44-14-6. Statute of limitations for sales by substitute trustees.

No action or proceeding to set aside a trustee's sale due to the failure to follow the requirements of this article or the provisions of the trust deed under which sale was made shall be filed or co
m menced more than one year from the date of sale.
NOTE: The purpose of this bill is to enact a statute of limitation for sales by a substitute trustee.

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