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Law

WV House Bill 4576

Notary Law Update: WV House Bill 4576

State: West Virginia

Summary:

House Bill 4576 enacts a provision for correcting obvious errors in real estate documents that have been recorded with a county clerk by requiring a corrective affidavit to be notarized.

Signed:  March 25, 2020

Effective:  June 05, 2020

Chapter: 145

Affects:

Creates Section 36-3-11 of the West Virginia Code.

Changes:
  1. Establishes a procedure for correcting obvious errors in deeds, deeds of trust, and mortgages, and establishing a format for the corrective affidavit and notice of an intent to correct an obvious description error.
  2. Requires the corrective affidavit to be acknowledged before a Notary.
Analysis:

Sometimes 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.

Read the bill text.

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