Senate Bill No. 233
(By Senator Foster)
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[Introduced January 16, 2008; 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.
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 lien shall be discharged unless the person desiring to
avail himself or herself thereof, within ninety days from the time
he or she shall have ceased to work or labor for such incorporated
company or for such contractor, shall file with the clerk of the
county court of the county in which such work or labor was
performed, or in which the principal office, works, real estate or
personal property of such 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 lien, or by someone in his or her behalf. No such lien is
enforceable against a bona fide purchaser for value of real
property owned by the incorporated company unless a notice of lien
has been filed with the clerk of the county court of the county in
which said property is located.
NOTE: The purpose of this bill is to require a notice of lien
be recorded against a bona fide purchaser of real property before
a mechanic's lien may be perfected.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.