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Introduced Version Senate Bill 233 History

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Key: Green = existing Code. Red = new code to be enacted
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.


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