Senate Bill No. 585
(By Senators Kessler, Chafin and Minard)
[Introduced February 16, 2010; referred to the Committee on
Banking and Insurance; and then to the Committee on the
A BILL to amend and reenact §38-12-1 and §38-12-8 of the Code of
West Virginia, 1931, as amended, all relating to requiring
lienholders to record a release in the county clerk's office
within sixty days after the lien has been satisfied; and
requiring that liens be removed from record upon satisfaction.
Be it enacted by the Legislature of West Virginia:
That §38-12-1 and §38-12-8 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 12. RELEASE AND ASSIGNMENT OF LIENS.
§38-12-1. When release of lien required; requisites thereof.
(a) Every person entitled to the benefit of any lien on any
estate, real or personal, or to the money secured thereby, whether
the lien was created by conveyance, judgment, decree, lis pendens,
notice of attachment, deed of trust, contract or otherwise,
shall be is
required to furnish and execute an apt and proper written
thereof of the lien
free of charge to the debtor whose
obligation secured by
lien has been fully paid and
satisfied, if the lien is of record in the proper county.
release shall be executed and furnished to the debtor within thirty
days after the debt has been satisfied.
release of lien shall be executed by the
lienholder and acknowledged before the clerk of the county
commission in whose office the lien is recorded or before
person authorized to take acknowledgments of deeds
within sixty days after the lien has been satisfied.
shall be deemed is
sufficient if it
the lien to be released by any words that
and show an intent to discharge the
Releases may also
be made according to the provisions of section two of this article.
§38-12-8. Recordation of release; effect.
When the release has been
signed and acknowledged, it may
be presented for record to the clerk in whose office the lien
thereby intended to be released
is recorded or docketed, and from
and after the time
the same it
left for record (which time
the clerk shall indorse thereon)
lien shall be discharged,
extinguished and removed from the record, unless the lienholder
files an extension,
and the estate, of whatever kind, bound or
thereby, shall be deemed to be by the lien is
the former owner or those claiming under him or her,
lien had never existed. Liens that have been satisfied as of July
1, 2005, and have not been removed from the record may be removed
by the county clerk's office and the county tax department.
NOTE: The purpose of this bill is to:
(1) Require lienholders to record a release in the county
clerk's office within sixty days after the lien has been satisfied;
(2) Require that liens be removed from record upon
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would