Senate Bill No. 379
(By Senator Foster (By Request))
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[Introduced January 28, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §38-2-32 of the Code of West Virginia,
1931, as amended, relating to mechanic's liens filed against
corporations; and providing that the property of bona fide
purchasers for value of real property is not subject to claims
of mechanics or suppliers unless notice is filed in the county
in which the property is located.
Be it enacted by the Legislature of West Virginia:
That §38-2-32 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. MECHANIC'S LIENS.
§38-2-32. Perfecting lien for work or labor against corporation.
Such A lien shall be discharged unless the person desiring to
avail himself
or herself thereof of the lien, within ninety days
from the time he
or she shall have has ceased to work or labor for
such an incorporated company or for
such a contractor,
shall file files with the clerk of the county
court commission of the county
in which
such the work or labor was performed, or in which the
principal office, works, real estate or personal property of
such
the incorporated company is situated, a notice of lien containing
the amount due him
or her after allowing all credits, which notice
shall be sworn to by the person claiming
such the lien, or by
someone in his
or her behalf:
Provided, That a lien may not be
enforceable against a bona fide purchaser for value of real
property owned by the incorporated company unless a notice of lien
is filed with the clerk of the county commission of the county in
which the property is located.
NOTE: The purpose of this bill is to assure bona fide
purchasers for value of real property that the property is not
subject to claims of mechanics or suppliers unless notices is filed
in the county in which the property is located.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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