WEST VIRGINIA CODE
WVC 38 -
CHAPTER 38. LIENS.
WVC 38 - 10 C-
ARTICLE 10C. STATE AND LOCAL TAX LIENS.
WVC 38 - 10 C- 1
§38-10C-1. Recordation necessary for priority of liens in favor
of state, political subdivision or municipality.
No lien in favor of the state of West Virginia, or any
political subdivision thereof or of any municipality therein,
whether heretofore or hereafter accruing, except the lien for
taxes accruing under the provisions of article eight, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, shall be enforceable as against a purchaser
(including lien creditor) of real estate or personal property for
a valuable consideration, without notice, unless docketed, as
hereinafter provided, in the office of the clerk of the county
court of the county wherein such real estate or personal property
is, before a deed therefor to such purchaser is delivered for
record to the clerk of the county court of such county. The term
"purchaser" as used herein shall be construed to include lien
creditors whose liens were acquired and perfected prior to such
docketing.
WVC 38 - 10 C- 2
§38-10C-2. Notices of liens of state, political subdivisions and
municipalities to be filed; indexes; release.
It is the duty of the Tax Commissioner, or the proper officers
of the political subdivisions of the state for its subdivisions and
of the proper officers of the municipalities for the
municipalities, having liens, to file a notice thereof in the
office of the clerk of the county commission of the county in which
the property of the taxpayer against whom the lien is claimed, is
situate, stating in the notice what amount of money is owing to the
State of West Virginia, the political subdivision thereof or the
municipality therein, on account of the lien from the taxpayer
owing the same; and the clerk of the county commission of the
county shall, upon the filing of notice, index the same in the
judgment or tax lien docket in his or her office as a tax lien
against the taxpayer in favor of the State of West Virginia, the
political subdivision thereof or the municipality therein. Upon
the satisfaction of the lien, a release thereof for recordation
shall be signed and delivered to the taxpayer by the proper
officer. The signature of the Tax Commissioner or the Tax
Commissioner's designee on the notice and on the release may be
either a properly acknowledged manual signature, or a facsimile
signature authenticated pursuant to the filing of an affidavit and
a manual signature with the Secretary of State in the manner
specified in section two, article fourteen, chapter six of this
code. The facsimile signature shall have the same legal effect as the manual signature.
All acts or parts of acts inconsistent or in conflict herewith
are hereby repealed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session