ENGROSSED
Senate Bill No. 722
(By Senator Caruth)
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[Introduced February 20, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §38-1-4a, relating to
providing a statute of limitations for sales by a 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 §38-1-4a, to read as
follows:
ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-4a. Statute of limitations for sales by trustees.
Provided the grantor on the deed of trust or the agent or
personal representative of the grantor is provided notice as
required by section four of this article, no action or proceeding
to set aside a trustee's sale due to the failure to follow any
other legal requirement relating to a sale of property under a trust deed shall be filed or commenced more than one year from the
date of the sale.