H. B. 2120
(By Delegate Azinger)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §39-1-2 of the Code of West Virginia,
1931, as amended, relating to prohibiting the publication of
the consideration paid for the sale of real estate or the
amount of any lien on the real property subject to the sale.
Be it enacted by the Legislature of West Virginia:
That §39-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.
§39-1-2. Conditions under which county clerk shall admit deeds,
contracts, etc., to record.
The clerk of the county
court commission 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 the clerk of the county
such the acknowledgment or proof, such the
clerk shall may not admit to record any contract, deed, deed of
trust, mortgage or other instrument that secures the payment of any
debt, unless such the 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 is 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 if the mortgage or deed of trust shall show
shows 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.
Notwithstanding any other provision of law or this code to the
contrary, a publication of a list of deeds, mortgages or deeds of
trust relating to real property admitted to record pursuant to this
section, or any other provision of this code, may not contain the
consideration paid for the transfer of the real property or the
amount of the lien, if any, on the real property.
NOTE: The purpose of this bill is to prohibit the publication
of the consideration paid for the sale of real estate or the amount
of any lien on the real property subject to the sale.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would