West Virginia Code
1 - VENDOR'S AND TRUST DEED LIENS
1A - TRUSTEES OF SECURITY TRUSTS
2 - MECHANICS' LIENS
3 - JUDGMENT LIENS
4 - EXECUTIONS
5 - PROCEEDINGS IN AID OF EXECUTION
5A - SUGGESTIONS OF SALARY AND WAGE
5B - SUGGESTION OF THE STATE AND PO
6 - INDEMNIFYING, SUSPENDING AND FO
7 - ATTACHMENT
8 - EXEMPTIONS FROM LEVY
9 - HOMESTEAD EXEMPTIONS
10 - FEDERAL TAX LIENS; ORDERS AND
10A - FEDERAL LIEN REGISTRATION
10B - LIENS ON STOCKS OF GOODS AND
10C - STATE AND LOCAL TAX LIENS
10D - SUPER FUND LIEN RECORDATION
38 - 10 D- 1
10E - LIEN ON INSURANCE PROCEEDS F
11 - MISCELLANEOUS LIENS AND PLEDG
12 - RELEASE AND ASSIGNMENT OF LIE
13 - ASSIGNMENT BY INSOLVENT FOR T
14 - SELF-SERVICE STORAGE LIEN ACT
15 - UNIFORM TRUST RECEIPTS ACT
16 - FRAUDULENT COMMON LAW LIENS
CHAPTER 38. LIENS.
ARTICLE 10D. SUPER FUND LIEN RECORDATION ACT.
(a) Pursuant to the authority of section 107(d) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9607(1), notices of liens for costs and damages under said act (superfund liens) may be filed in an office designated by state law. Pursuant to said act, the office of the clerk of the county commission for the county in which the real property is located is hereby designated as the appropriate office for the filing of such notices of superfund liens.
(b) The clerk of the county commission of every county of this state shall, upon the filing in his/her office of any such notice of superfund lien upon the property of any person in favor of the United States, record such notice of lien without delay in the federal tax lien docket. He shall index such lien in the name of the person against whom the lien is claimed.
(c) Every such superfund lien shall be void as to any creditor, secured parties under a deed of trust, mortgagee, purchaser, holder of a security interest or judgment lien creditor, until and except from the time such lien is filed in the office of the clerk of the county commission of the county in which the real property subject to such lien is situated. In case the real property lies in more than one county, then such notice shall be filed in all counties in which the real property subject to such lien is situated.
(d) The clerk of such county commission shall, upon the filing in his/her office of any release of such lien issued by the regional counsel for the United States Environmental Protection Agency, record the same and make proper marginal notation thereof in the federal tax lien docket. No fee shall be charged by such clerk for recording of the notice of superfund lien, but he/she shall charge a fee of $2 for recording such release or partial release.