West Virginia Release of Deed of Trust
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Release of Deed of Trust for Real Estate Located in West Virginia
In West Virginia a Deed of Trust can be released by a Beneficiary/Lender or by a Trustee. This form is used by the current Lender, holder of the note or notes. For use when the note or notes have been satisfied and a full release is required. (Such release shall be executed and furnished to the debtor within thirty days after the debt has been satisfied.) (WV. Article 12. 38-12-1) (a))
Such release of lien shall be executed by the lienholder and acknowledged before the clerk of the county commission in whose office the lien is recorded or before such other person authorized to take acknowledgments of deeds. Such written release shall be deemed sufficient if it describes the lien to be released by any words that will identify and show an intent to discharge the same. Releases may also be made according to the provisions of section two of this article. (WV. Article 12. 38-12-1) (b))
38-12-8. Recordation of release; effect.
When the release has been so signed and acknowledged, it may be presented for record to the clerk in whose office the lien thereby intended to be released is recorded or docketed, and from and after the time the same is so left for record (which time the clerk shall endorse thereon) such lien shall be discharged and extinguished, and the estate, of whatever kind, bound or affected thereby, shall be deemed to be vested in the former owner or those claiming under him as if such lien had never existed
If a release is not executed as described, the lienholder can be liable to pay,( at the cost of the lienholder who so refuses without good cause and the court shall also award reasonable attorney fees and court costs to the person entitled to such release if such person be the prevailing party.) (WV Article 12 38-12-10)
(West Virginia Release of DOT Package includes form, guidelines, and completed example) For use in West Virginia Only.