West Virginia Code
1 - STATUTE OF FRAUDS
2 - LIMITATION OF ACTIONS AND SUITS
2A - LIMITATION ON FOREIGN CLAIMS
3 - UNLAWFUL ENTRY OR DETAINER
3A - REMEDIES FOR WRONGFUL OCCUPATI
3B - REMEDIES FOR WRONGFUL OCCUPATI
4 - EJECTMENT
5 - ALLOWANCE FOR IMPROVEMENTS
6 - RECOVERY OF PERSONAL PROPERTY
7 - ACTIONS FOR INJURIES
7A - LIABILITY OF PARENTS
7B - MEDICAL PROFESSIONAL LIABILITY
7C - IMMUNITY FROM CIVIL LIABILITY
7D - GOOD SAMARITAN FOOD DONATION A
7E - DUTY TO MITIGATE DAMAGES IN EM
7F - ASBESTOS BANKRUPTCY TRUST CLAI
7G - ASBESTOS AND SILICA CLAIMS PRI
7H - IMMUNITY FROM CIVIL LIABILITY
7I - SUCCESSOR ASBESTOS-RELATED LIA
7J - FINANCIAL EXPLOITATION OF AN E
8 - ACTIONS ON CONTRACTS
9 - GAMING CONTRACTS
10 - ARBITRATION
12 - JUDICIAL SALES
12A - LEASE AND CONVEYANCE OF MINE
13 - UNIFORM DECLARATORY JUDGMENTS
14 - UNIFORM ENFORCEMENT OF FOREIG
15 - ALTERNATIVE DISPUTE RESOLUTIO
16 - CIVIL REMEDY FOR WORTHLESS CH
17 - PROCEDURES FOR CERTAIN ACTION
18 - LIMITATIONS OF ACTIONS REGARD
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 11. LIS PENDENS.
There shall be kept in the office of the clerk of the county court of each county of this state a book to be called the "lis pendens record," which shall be a public record.
Whenever any person shall commence a suit, action, attachment, or other proceeding, whether at law or in equity, to enforce any lien upon, right to, or interest in designated real estate, the pendency of such suit, action, attachment or other proceeding shall not operate as constructive notice thereof to any pendente lite purchaser or encumbrancer of such real estate for a valuable consideration and without notice, until such person shall file for recordation with the clerk of the county court of each county where the real estate sought to be affected is situated, a memorandum or notice of the pendency of such suit, action, attachment or other proceeding, stating the title of the cause, the court in which it is pending, the names of all the parties to such proceeding, a description of the real estate to be affected, the nature of the lien, right or interest sought to be enforced against the same, and name of the person whose estate therein is intended to be affected: Provided, however, That where the lien, right or interest asserted is based upon a judgment, decree, claim, contract or other instrument which has been docketed or recorded according to law in the office of the clerk of the county court of the county wherein the real estate is situated, and has thus become a matter of public record, the failure to file the notice herein mentioned shall not operate to defeat the enforcement of such lien, right or interest in the real estate as against such pendente lite purchaser or encumbrancer.
The clerk of every such county court shall, without delay, record such memorandum or notice in the "lis pendens record," note upon the record the day and hour when such notice was filed for recordation, and index the same in the names of the parties.
Constructive notice of the pendency of a suit, action, attachment or other proceeding, arising from the filing for recordation of a notice or memorandum in accordance with the provisions of section two of this article, shall continue to operate as constructive notice thereof to any pendente lite purchaser or encumbrancer of the real estate affected, for a period of ten years next after the date when such notice was filed for recordation. Where constructive notice arises as aforesaid, that notice may be renewed or extended for additional ten year periods by the filing for recordation, as provided in section two of this article, a similar memorandum or notice of lis pendens within ten years from the date of recordation of the last such memorandum or notice.