West Virginia - Berkeley County Deed of Trust and Promissory Note Forms

Included Forms

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

Deed of Trust Form - Berkeley County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/15/2023

Deed of Trust Guidelines - Berkeley County

Line by line guide explaining every blank on the form.
Included document last updated 11/25/2022

Completed Example of the Deed of Trust Document - Berkeley County

Example of a properly completed form for reference.
Included document last updated 10/21/2022

Promissory Note - Berkeley County

Note that is secured by the Deed of Trust.
Included document last updated 2/13/2023

Promissory Note Guidelines - Berkeley County

Line by line guide explaining every blank on the form.
Included document last updated 2/28/2023

Completed Example of the Promissory Note Document - Berkeley County

Example of a properly completed form for reference.
Included document last updated 2/3/2023

Subordination Clauses - Berkeley County

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 document last updated 2/7/2023

Annual Accounting Statement - Berkeley County

Mail to borrower for fiscal year reporting.
Included document last updated 1/9/2023

Included Supplemental Documents

The Following West Virginia and Berkeley County supplemental forms are included as a courtesy with your order.

Declaration of Consideration (West Virginia Document)

Sales Listing Form (West Virginia Document)

Instructions for Sales Listing Form (West Virginia Document)

Certificate of Acknowledgment - Individual (West Virginia Document)

Certificate of Acknowledgment - Representative (West Virginia Document)

Verification of an Oath - Jurat (West Virginia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• 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.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Berkeley County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• 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.
• 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.
• 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.
• 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.
• 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.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Deed of Trust and Promissory Note Forms:

• Berkeley County

Including:

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

What is the West Virginia Deed of Trust and Promissory Note?

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.

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.

Customer Reviews:

4.8 out of 5 (3967 Reviews)

March 27th, 2023

Name: Clarence R.

Review: service from your team was quick and very accurate. My experience was excellent.

Reply from Staff on March 27th, 2023

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March 27th, 2023

Name: Theresa J.

Review: The beginning of the process was very simple. In the middle now waiting for the invoice to move forward.

Reply from Staff on March 27th, 2023

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March 26th, 2023

Name: marion v.

Review: Phenomenal website !

Reply from Staff on March 26th, 2023

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Name: Walter P.

Review: Good forms for deep prep.A lot of detail needed to complete the deed.

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Name: Susan K.

Review: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.

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Name: David D.

Review: Forms were quick to receive and appear to be what I need to complete our task.

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Review: Very simple and made recording a breeze. Worth the fee!

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Review: Fast efficient, just what I needed.

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Name: Jose G. C.

Review: It was OK but unfortunately useless. The jurisdictions are now requesting that documents such as Notices of Commencement not only be recorded at their offices, but also certified. This last service is not provided by Deeds, or at least I could not find it in your website and did not receive a response when I asked if you did. Thus, we are going back to traditional means of recording/certifying

Reply from Staff

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Name: Julie C.

Review: The process worked great! It's a great solution for recording documents at the county during the pandemic and in the future if you don't want to leave home!!

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Name: Kimberly W.

Review: Thank you for making this process so convenient.

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Name: Cynthia (Cindy) R.

Review: This has been the most seamless process I have ever experienced. Thank you for addressing my needs so quickly and professionally.

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Name: Cynthia M.

Review: I wanted the Lady Bird Deed for my estate, and it was very easy to download, fill out and file. My county records department accepted it with no issue. Thank you Deeds.com! You saved me over $500.00!

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Name: John v.

Review: Process is well laid out, clear and concise. Check out is easy. Recommendations: * Assign names to the downloadable files that are meaningful, such as: WARRANTY DEED instead of the useless and cryptic 1420490866F11417.pdf. * Provide a ONE BUTTON DOWNLOAD for all forms ordered. It's aggravating to have to click on each of the 20 documents and download them individually.

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Name: Marilyn S.

Review: I was fine. But I don't like surveys.

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