Berkeley County Deed of Trust and Promissory Note Form (West Virginia)

All Berkeley County specific forms and documents listed below are included in your immediate download package:

Deed of Trust Form

Berkeley County Deed of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Berkeley County compliant document last validated/updated 4/2/2025

Deed of Trust Guidelines

Berkeley County Deed of Trust Guidelines

Line by line guide explaining every blank on the form.
Included Berkeley County compliant document last validated/updated 5/1/2025

Completed Example of the Deed of Trust Document

Berkeley County Completed Example of the Deed of Trust Document

Example of a properly completed form for reference.
Included Berkeley County compliant document last validated/updated 5/20/2025

Promissory Note Form

Berkeley County Promissory Note Form

Note that is secured by the Deed of Trust.
Included Berkeley County compliant document last validated/updated 1/31/2025

Promissory Note Guidelines

Berkeley County Promissory Note Guidelines

Line by line guide explaining every blank on the form.
Included Berkeley County compliant document last validated/updated 6/24/2025

Completed Example of the Promissory Note Document

Berkeley County Completed Example of the Promissory Note Document

Example of a properly completed form for reference.
Included Berkeley County compliant document last validated/updated 5/23/2025

Subordination Agreements

Berkeley County Subordination Agreements

Used to place priority on claim of debt. Included are 4 clauses for unique situations. If needed, add to Deed of Trust as an addendum or rider.
Included Berkeley County compliant document last validated/updated 6/9/2025

Annual Accounting Statement

Berkeley County Annual Accounting Statement

Mail to borrower for fiscal year reporting.
Included Berkeley County compliant document last validated/updated 6/25/2025

When using these Deed of Trust and Promissory Note forms, the subject real estate must be physically located in Berkeley County. The executed documents should then be recorded in the following office:

Berkeley County Clerk

Courthouse - 100 West King St, Martinsburg, West Virginia 25401

Hours: Monday-Friday 9:00am to 5:00pm

Phone: (304) 264-1927

Local jurisdictions located in Berkeley County include:

  • Bunker Hill
  • Falling Waters
  • Gerrardstown
  • Glengary
  • Hedgesville
  • Inwood
  • Martinsburg
  • Ridgeway

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Berkeley County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Berkeley County using our eRecording service.
Are these forms guaranteed to be recordable in Berkeley County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkeley County including margin requirements, content requirements, font and font size requirements.

Can the Deed of Trust and Promissory Note forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Berkeley County that you need to transfer you would only need to order our forms once for all of your properties in Berkeley County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Berkeley County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Berkeley County Deed of Trust and Promissory Note forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

There are three parties in this Deed of Trust:
1- The Trustor (Borrower)
2- Beneficiary (Lender) and a
3- Trustee (Neutral Third Party)
Basic Concept. The Trustor (Borrower) conveys property title to a Trustee (Neutral Party). A Trustee or beneficiary/Lender can take action against any person for damages.
In West Virginia, a Deed of Trust (DOT) is the most commonly used instrument to secure a loan. If the DOT has a "Power of Sale" clause, foreclosure can be done non-judicially, saving time and expense, because the trustee doesn't require the court's involvement. This process is called a Trustee Sale. Explained in WV Statute 38-1-3. "Sales under trust deeds."

Proceeds of Trustee Sale: After deducting all costs, fees and expenses of Trustee and of this trust, including the cost of evidence of title in connection with the sale and reasonable attorney's fees, trustee shall apply the proceeds of sale to payment of all sums then secured hereby and all other sums due under the terms hereof, with accrued interest, and the remainder, if any, to the persons legally entitled thereto or as provided by W. VA. ARTICLE 1, 38-1-7.

(38-1-2. Form of deed of trust; memorandum of deed of trust may be recorded.) This Form is fully formatted for W.VA. recording requirements.

Promissory Note secured by Deed of Trust.
In general, the lender can charge 6% with no written contract and 8% with a written contract. Exceptions are made, see W. VA. Statute 47-6-5, "Legal rate of interest".

Terms:
A- Principle Owed and Maturity Date of Loan

B- Payments - Traditional Installment or installments with a Balloon Payment.

C- Late Payments: So much $ owed after X number of days, plus $ for each day after.

D- Default Rate: If payment is at least 30 days past due, then the principal balance shall bear interest at default rate of $$$.

E- Overdue Loan Fee: In addition to any other remedies available to Lender if this Note is not paid in full at the Maturity Date, Borrowers shall pay to Lender an Overdue Loan Fee.

F- Default Terms: If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice:
1) the failure of the Borrower to pay the principal and any accrued interest when due;
2) the filing of bankruptcy proceedings involving the Borrower as a debtor;
3) the application for the appointment of a receiver for the Borrower;
4) the making of a general assignment for the benefit of the Borrower's creditors;
5) the insolvency of the Borrower;
6) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit.
7) In addition, the Borrower shall be in default if there is a sale, transfer, assignment, or any other disposition of any real estate pledged as collateral for the payment of this Note, or if there is a default in any security agreement which secures this Note.

G- Venue: If legal action is required, Lender provides the County of such actions.

This package can be used for financing of residential property, a condominium, a small office building and rental property (up to 4 units). A Promissory Note secured by a Deed of Trust with strong default terms can be beneficial to the Lender. This form has terms and conditions defined by W. VA. Statutes, for use in W. VA only.

(West Virginia DOT Package includes forms, guidelines, and completed examples)

Our Promise

The documents you receive here will meet, or exceed, the Berkeley County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Berkeley County Deed of Trust and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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June 30th, 2025

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June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

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June 29th, 2025

Everything that was stated to be included in my order was complete. Very satisfied

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December 19th, 2019

Very easy and affordable.

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August 26th, 2020

It all looked pretty easy to navigate. Forms are just now downloaded so I'll see how opening, filling-out goes. I'm encouraged. Thanks

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Eduardo A.

January 22nd, 2022

Perfect, blank forms, just what I ordered. Easy to download, understand, and complete.

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Gerald C.

May 25th, 2019

Pros, quick purchase and document availability including instructions and examples.

Cons, For the cert. of trust, the form would not accept the length of our trust name with no way to get around. The pdf file printing did not meet the requirements for 2.5" top margin and .5" other margins as well as the 10pt font size as the form information was shrunk down even when normal printing.

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Earnestine C.

September 4th, 2019

Informative and instruction clear and concise, which made it easy for a person without real estate knowledge to acquire needed information. Thank you.

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Charles E. M.

December 17th, 2020

5 stars...thanks for your fast and professional assistance.
Charles

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Johannah H.

May 20th, 2022

Deeds.com made my experience recording a Deed in Weld County, CO so easy! The representative went above and beyond by assisting me with the preparation of a high-quality digital document for recording. Highly Recommend!

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Michael H.

July 30th, 2019

Found documents I needed quickly and at a reasonable price.
MH

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Aaron H.

April 3rd, 2023

Excellent service! Easy to use interface and quick response post-recording.

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Jayar L.

May 23rd, 2024

I just completed my first deed filing and I’m very happy with the experience. The deeds staff was extremely supportive and helpful in guiding me through the learning curve of being my first filing without legal assistance. They saved me a ton in legal fees.

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October 14th, 2021

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April 14th, 2021

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