H. B. 4459
(By Mr. Speaker, (Mr. Kiss))
[Introduced February 8, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §44-14-6, relating to
providing a statute of limitations for sales by a substitute
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 §44-14-6, to read as
follows:
ARTICLE 14. SUBSTITUTION OF TRUSTEES; POWERS OF SURVIVING OR
REMAINING TRUSTEES.
§44-14-6. Statute of limitations for sales by substitute trustees.
No action or proceeding to set aside a trustee's sale due to
the failure to follow the requirements of this article or the
provisions of the trust deed under which sale was made shall be
filed or co
m
menced more than one year from the date of sale.
NOTE: The purpose of this bill is to enact a statute of
limitation for sales by a substitute trustee.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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