The bill amends West Virginia Code ยง39-1-2 to modify the requirements for recording certain types of deeds. Specifically, it stipulates that any quitclaim deed without consideration or any deed transferring real property valued at $100 or less, for which no excise tax is paid, must be signed by the grantee or proven by two witnesses before a clerk of the county commission. However, there are exceptions for transfers on death and between family members, which allow for certain transfers to be recorded without the grantee's signature if they meet specific criteria.
Additionally, the bill clarifies that any deed recorded in violation of these new requirements will be considered void, meaning no interest will transfer to the grantee under such a deed. This legislative change aims to enhance the integrity of property transfers and ensure proper documentation in the recording process.
Statutes affected: Introduced Version: 36-3-5
Committee Substitute: 36-3-5
Enrolled Committee Substitute: 39-1-2