WEST VIRGINIA CODE
WVC 39 - 1 - 11
§39-1-11. Recordation of writings and plats and papers annexed;
index; interlineations; filing under Uniform
Commercial Code.
Every writing (except financing, continuation and
termination statements and other statements and writings
permitted to be filed under chapter forty-six of the code)
authorized by law to be recorded, when admitted to record, shall,
with all certificates of acknowledgment, and all plats, schedules
and other papers thereto annexed or thereon indorsed, be recorded
by, or under the direction of, the clerk of the county court, in
a well-bound book, to be carefully preserved; and there shall be
an index to such book as well in the name of the grantee as of
the grantor. After being so recorded, such writing may be
delivered to the party entitled to claim under the same. If,
except in those cases where such writing is recorded by
photography or similar process producing exact facsimile copies,
there appear upon such writing, or any paper or certificate
annexed thereto, any interlineation, erasure or alteration, of
which no memorandum is contained in the writing, paper or
certificate, the clerk shall append to the record thereof a
memorandum describing as accurately as may be such
interlineation, erasure or alteration; and such memorandum shall
be copied into every such writing, paper or certificate. Every
such memorandum shall be prima facie evidence of what is therein
stated:
Provided, That the clerk of the county court may refuse
to accept for recordation any instrument printed on both sides of
the paper or printed in whole or part in smaller than ten point type with at least two points separating each line. Any failure
of such instrument to be so accepted by the clerk of the county
court shall not affect the validity thereof as to the parties
thereto:
Provided, however, That any such instrument shall be
accepted by the clerk for recording at one and one-half times the
legal fee therefor.
Financing, continuation and termination statements and other
statements and writings permitted to be filed under chapter
forty-six of the code shall be filed in a proper file by the
clerk of the county court or the secretary of state, as the case
may be, as specified in said chapter forty-six. Such statements
and writings filed in the office of the clerk of the county court
and such statements and writings filed in the office of the
secretary of state shall be indexed according to the name of the
debtor and shall disclose the assigned file number and the
address of the debtor given in the respective statement or
writing. The date and hour of filing and the file number shall
be noted on the statement or writing involved. A financing,
continuation or termination statement or other statement or
writing permitted to be filed under chapter forty-six of the code
may, after the same ceases to be effective or lapses, as
specified in said chapter forty- six, be removed from the files
in the office of the clerk of the county court or the secretary
of state, as the case may be, and destroyed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session