AnalysisSometimes real estate documents are recorded with errors. States have adopted various rules for dealing with these errors. West Virginia HB 4576 enacts a provision allowing a corrective affidavit to be filed to correct the error. The corrective affidavit must be notarized, contain a statement that no objection was received from any party within the specified time period, confirm that a copy of the notice was sent to all the parties, and contain the attorney’s West Virginia State Bar number. A corrective affidavit operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded.
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