Senate Bill No. 585
(By Senators Kessler, Chafin and Minard)
[Originating in the Committee on Banking and Insurance;
reported February 24, 2010.]
A BILL to amend and reenact §38-12-1 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.
Be it enacted by the Legislature of West Virginia:
That §38-12-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, 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,
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.
NOTE: The purpose of this bill is to require lienholders to
record a release in the county clerk's office within sixty days
after the lien has been satisfied.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would